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Defending Texans: BWI & FWI Charges in Brazoria

Updated: May 14, 2023 @ 9:38 pm

Less than 1 minute Reading Time: Minutes

Brazoria County, TX is a haven for outdoor enthusiasts. But with its natural beauty comes a unique set of legal challenges for people who go above and beyond to enjoy the atmosphere.

Some of the more popular activities in Brazoria County are boating and forest adventures, which are not without their fair share of legal complexities. This is particularly the case when it involves suspicions of Boating While Intoxicated (BWI) and Flying While Intoxicated (FWI) by law enforcement – resulting in criminal charges.

If you or a loved one were arrested in Brazoria County for flying or boating while intoxicated, our law firm is here to help. The Law Offices of Tad Nelson & Associates provides experienced legal counsel for individuals charged with DUI, DWI, FWI, and BWI. If you need to talk, call us today at 979-267-6081.

In the meantime, we’ve provided some insight and best practices for moving forward following criminal charges for operating a motor vehicle while intoxicated.

The Specificity of Texas State Laws

Texas state laws concerning BWI and FWI offenses are stringent, reflecting the seriousness with which the state views these offenses. Like Driving While Intoxicated (DWI), BWI and FWI are treated with similar severity.

Texas Law & BWI Offenses


In Texas, operating a boat under the influence of alcohol or drugs is a criminal offense. The law is clear: if a boat operator has a Blood Alcohol Concentration (BAC) of 0.08% or higher, a crime has occurred. A conviction for BWI carries serious consequences which includes fines, imprisonment, and suspension of boating privileges.

If the captain of the boat is intoxicated on other substances such a weed, narcotics, or even prescription medications, the same charges and potential penalties apply

Texas Law & FWI Offenses

Flying an aircraft while under the influence is treated the same way.

Texas Penal Code 49.05 clearly states that operating an aircraft while intoxicated is a crime. It’s important to note that unlike with BWI, there is no specific BAC level established for FWI. This makes defending against FWI charges particularly challenging.

In addition to traditional state charges, the FAA will almost always either suspend or revoke the pilot license of the accused party. If it’s not revoked at the outset, then it’ll certainly be revoked should the defendant be found guilty of flying while intoxicated or under the influence of another substance.

Brazoria County’s Unique Environmental Factors

Brazoria County’s vast natural environment add another layer of complexity to BWI and FWI cases. Unpredictable weather, water currents, and wildlife in these natural environments can all influence the behavior of both boat operators and pilots.

This interference by natural Acts of God could lead to misinterpretations of the signs of intoxication by law enforcement. For this reason, it’s imperative to hire the right lawyer immediately following an arrest for Boating or Flying While Intoxicated.

Field Sobriety Tests

In both BWI and FWI cases, field sobriety tests are evidence. However, these tests, designed for road conditions, may not be reliable in the unique environments of Brazoria County. The boat’s rocking or the pilot’s stress levels, for instance, can lead to false positive results, complicating the process.

Legal Representation Matters!

BWI Attorney Tad Nelson
Attorney Tad Nelson

Navigating the complexities of BWI and FWI charges requires experienced legal representation.

Brazoria County DWI lawyer Tad Nelson understands the court system in Angleton, the unique environmental factors at play in some cases, and the specifics of Texas BWI and FWI laws and approved defenses.

Attorney Tad Nelson is Board Certified in Criminal Law by the Texas Board of Legal Specialization and an ACS/CHAL Lawyer-Scientist. If anyone can find a problem with the evidence or successfully challenge it, he can.

The Importance of Thorough Investigations

A successful defense hinges on a thorough investigation of the facts and the evidence. This may involve questioning the validity of the field sobriety tests and scrutinizing the arresting officer’s conduct.

The investigation process will also entail interviewing witnesses and exploring other factors that could have influenced the accused’s behavior or the results of any field sobriety, blood alcohol, or DRE tests that might have been administered.

During our experience as DWI lawyers in Brazoria County, we’ve found that a detailed investigation can unveil vital information that can change the course of the case.

Jurors & Public Perception

Public perception can play a big role in how juries determine guilt or innocence in these cases. BWI and FWI charges are often met with strong public disapproval, which can sway the case’s outcome.

Therefore, it’s important to retain counsel from a seasoned defense attorney that knows how to address this aspect of the case in the court of law.

Ultimately, our goal is to present you to the jury in the most favorable light possible. Some lawyers can do this exceptional well, while others simply can’t. We’re among the lawyers that can.

Fighting Back Against Criminal Charges

The Law Offices of Tad Nelson & Associates

In the end, it’s about untangling the evidence involved with your particular case. Once we have a strong understanding of the factors at play, we can pursue the best possible outcome. Whether it’s a case of BWI or FWI, the same principles apply: a robust defense is built on solid knowledge, thorough investigation, and strategic positioning.

The Law Offices of Tad Nelson & Associates takes pride in our history of helping people, successfully fighting prosecutors, and building upon our time-tested defense strategies. If you need to talk with a defense attorney about a DUI, DWI, or a case of flying or boating while intoxicated, contact our law offices today.

We can be reached at 979-267-6081.

Board Certified Texas Criminal Law Attorney

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