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Arrested for Boating While Intoxicated in West Virginia? Here’s What You Need to Do

Frank C. Walker II Feb. 6, 2025

West Virginia’s waterways are a source of fun and relaxation, but operating a boat under the influence of alcohol or drugs can quickly turn a leisurely outing into a legal crisis. Boating while intoxicated (BWI) is a serious offense in West Virginia, carrying penalties that can affect your freedom, finances, and future. If you’ve been arrested for BWI, Attorney Frank Walker of Frank Walker Law is here to help you understand your rights and options.

Here’s what you need to know and the steps you should take if you’re facing BWI charges in West Virginia.

What Is Boating While Intoxicated (BWI)?

Under West Virginia law, it is illegal to operate a motorized watercraft while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher (for individuals 21 and older).

  • Being under the influence of alcohol, controlled substances, or any combination that impairs your ability to operate the vessel safely.

This law applies to all motorized boats, jet skis, and other watercraft on West Virginia’s rivers, lakes, and reservoirs.

Potential Penalties for BWI

The consequences for a BWI conviction in West Virginia can be severe and may include:

  • Fines: Significant monetary penalties, depending on the severity of the offense.

  • Jail Time: Possible incarceration, particularly for repeat offenders or incidents involving accidents or injuries.

  • Loss of Boating Privileges: Suspension or revocation of your boating license.

  • Criminal Record: A conviction can result in a permanent criminal record, affecting future employment and opportunities.

If your BWI involved an accident causing injury or death, you could face felony charges with much harsher penalties.

Step 1: Stay Calm and Cooperate with Law Enforcement

Being stopped by law enforcement on the water can be intimidating, but it’s essential to remain calm and cooperate. Avoid resisting arrest or arguing with officers, as this can lead to additional charges. Provide your identification and boating license if requested.

Step 2: Exercise Your Right to Remain Silent

Just like on land, you have the right to remain silent. Politely decline to answer questions about alcohol or drug use without an attorney present. Anything you say can be used against you in court, so it’s best to wait for legal counsel before making any statements.

Step 3: Request an Attorney Immediately

Contact Attorney Frank Walker as soon as possible to protect your rights and begin building your defense. With extensive experience in criminal defense, Frank Walker Law can help you navigate the complexities of BWI charges and work toward the best possible outcome.

Step 4: Document the Incident

As soon as you’re able, write down everything you remember about the incident, including:

  • The events leading up to your arrest.

  • Interactions with law enforcement.

  • The conditions on the water and weather.

  • Any potential witnesses who can support your case.

This information can be invaluable in building your defense.

Step 5: Understand the Possible Defenses

An experienced attorney can explore various defenses to challenge the charges against you, such as:

  • Improper Testing Procedures: Challenging the accuracy or administration of BAC tests.

  • No Probable Cause: Questioning whether law enforcement had a valid reason to stop your watercraft.

  • Mitigating Circumstances: Presenting evidence that casts doubt on the prosecution’s case.

Why Choose Frank Walker Law?

At Frank Walker Law, we understand that mistakes happen, and one bad decision shouldn’t define your future. Attorney Frank Walker is dedicated to providing aggressive and compassionate legal representation for clients facing BWI charges in West Virginia. We’ll thoroughly investigate your case, challenge the evidence against you, and fight for your rights every step of the way.

Take Action Today

If you’ve been arrested for boating while intoxicated in West Virginia, don’t wait to seek legal help. Contact Frank Walker Law today for a consultation. We’ll review your case, explain your options, and develop a defense strategy tailored to your unique situation. Protect your freedom, your future, and your ability to enjoy West Virginia’s waterways—let us fight for you.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.