Intoxicated Boating Exceptions

Intoxicated boating allegations are extremely serious criminal charges that can lead to significant punishments and other consequences. Although the specific penalties for these crimes can vary between states, in some cases being more lax than drunk driving charges, intoxicated boating charges can nevertheless cause serious trouble for a convicted individual. However, there are some vehicles in certain jurisdictions that are not subject to these charges.

Non-motorized watercraft are often not considered capable of doing substantial damage in many circumstances. As a result, many jurisdictions make an exception for these vehicles in terms of intoxicated operation laws. This means that certain states do not prosecute individuals for intoxicated boating charges if they were boating in vehicles such as kayaks, paddleboats, canoes, and certain types of sailboats. However, this exception is not uniform across the country.

While it may not be possible to be charged with intoxicated operation in these jurisdictions while using these vehicles, other criminal charges can be pressed. This means that a person may avoid an intoxicated boating charge only to receive a disorderly conduct or public intoxication charge. In certain areas, there may be a charge associated with reckless use of a water vehicle, which will still apply to these non-motorized boats.

Facing a DWI or BWI charge can prove daunting to anyone. These criminal allegations hold serious consequences and criminal penalties if a person is found guilty. To learn more about your options as someone who stands accused, contact the Houston DWI defense attorneys of Johnson, Johnson & Baer, P.C., today at 713-222-0400.