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11-Year-Old Killed After Being Struck by a Personal Watercraft OnLake Worth
June 22, 2009

John Henderson, III, an 11-year-old Fort Worth boy was killed on Saturday afternoon. The boy was being pulled on an inner-tube behind a boat on Lake Worth when he was hit by a personal watercraft pulling another raft. Witnesses said the boat and personal watercraft were trying to avoid each other when the accident happened, the man on the personal watercraft jumped into the water and pulled the boy to safety on the boat. No citations have been issued.

Although this case does not appear to be an alcohol-related event, it points out the dangers that we all need to be aware of while on local lakes and rivers. If you or a loved-one has been injured or killed as a result of a boating incident, call Montes Herald Law Group, LLP immediately to investigate the incident on your behalf. While police and game warden officials will usually do a very thorough job of investigating incidents where alcohol or drugs are suspected because criminal charges are often filed in those case. However, in cases where criminal charges are not anticipated, often times the police do not preserve all of the evidence you will later need to prove that even though the incident does not involve drugs or alcohol, that the person responsible for causing the incident was negligent, and is therefore legally responsible for the incident. Visit our website at www.MontesHerald.com for more information about our law firm and about Rachel Montes and Tom Herald.

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Boating While Intoxicated Is Illegal
May 26, 2009

Summer is almost here, and that means that thousands of people will flock to the lakes, rivers and beaches that Texas has to offer. Unfortunately, far too many people believe that being at the lake or the beach gives them a license to act irresponsibly without consequence. Each year people are injured and killed because of alcohol-related boating crashes. It is important to understand that Texas law makes it illegal to operate be drunk and operating a boat.   The crime of drunk boating is called Boating While Intoxicated (BWI).   Boating While Intoxicated refers to having a blood alcohol content of 0.08 or higher while operating a boat. Section 49.06 of the Texas Penal Code defines "Boating While Intoxicated" as:

(a) A person commits an offense if the person is intoxicated while operating a
watercraft.

(b) Except as provided by Section 49.09, an offense under
this section is a Class B misdemeanor, with a minimum term of
confinement of 72 hours.

In addition, because of the increased need for safety that exist, Texas law gives game wardens and other law enforcement officials the right to board your boat without "probable cause" and without "reasonable suspicion" to ensure that the boat is being operated in a safe manner in compliance with applicable laws and regulations.

People who are convicted of boating while intoxicated risk the following penalties:

1. First conviction carries a fine up to $2,000 and/or jail time up to 180 days;

2. Second conviction carries a fine up to $4,000 and/or jail time up to one year

3. Third conviction carries a fine up to $10,000 and/or jail time of 2-10 years.

4. If you are found to be boating while intoxicated in Texas in a vessel that has an engine over 50 horsepower, your license will automatically be suspended.

In addition, there are other penalties if there is a serious personal injury or fatality associated with the charge of boating while intoxicated.

If you or a loved-one has been injured or killed as a result of a drunk boating incident, call Montes Herald Law Group, LLP immediately to find out your rights and to hold those responsible for the incident accountable.

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