Many people know that driving while intoxicated (DWI) is illegal in Texas. However, fewer people realize that the law also prohibits operating a boat while intoxicated.
Whether you’re spending the day on a lake, river, or other public waterway, a Boating While Intoxicated (BWI) charge can carry serious legal consequences. Understanding how Texas law applies to BWI offenses can help you protect your rights if you are ever investigated or arrested.
What Is Boating While Intoxicated (BWI) in Texas?
Under Texas law, a person commits the offense of Boating While Intoxicated (BWI) if they operate a watercraft in a public place while intoxicated.
A person is considered intoxicated if they:
- Have lost the normal use of their mental or physical faculties due to alcohol, drugs, or a combination of substances; or
- Have a blood alcohol concentration (BAC) of 0.08% or higher.
The legal standard for intoxication is similar to that used in Texas DWI cases.
What Types of Watercraft Can Lead to a BWI Charge?
A BWI charge is not limited to large boats. Texas law may apply to the operation of various types of watercraft, including:
- Motorboats
- Personal watercraft (such as jet skis)
- Sailboats equipped with a motor
- Other motorized vessels operating on public waterways
Regardless of the size of the vessel, operating it while intoxicated may result in criminal charges.
What Are the Penalties for a BWI in Texas?
For many first-time offenders, Boating While Intoxicated is charged as a Class B misdemeanor.
Potential penalties may include:
- Up to 180 days in jail
- A fine of up to $2,000
- Community supervision (probation), when appropriate
More serious penalties may apply if:
- There are prior intoxication-related convictions;
- Someone suffers serious bodily injury; or
- A fatal accident occurs.
Because every case is different, the potential consequences depend on the specific facts and circumstances.
Secondary Penalties also include the forfeiture of your License, and require individuals to get an occupational driver’s license.
Can Texas Game Wardens Stop Your Boat?
Yes.
Texas Game Wardens and other law enforcement officers have the authority to stop boats on public waterways to conduct safety inspections and enforce boating laws.
If an officer observes signs of intoxication, such as impaired operation, the odor of alcohol, or other indicators they may begin a BWI investigation.
Is a BWI the Same as a DWI?
While BWI and DWI are separate offenses, they share many similarities.
| Boating While Intoxicated (BWI) | Driving While Intoxicated (DWI) |
| Applies to operating a boat or other watercraft | Applies to operating a motor vehicle |
| Occurs on public waterways | Occurs on public roads and highways |
| Uses the same legal definition of intoxication | Uses the same legal definition of intoxication |
Both offenses are criminal charges that can have lasting consequences.
What Should You Do If You’re Arrested for BWI?
If you are arrested for Boating While Intoxicated:
- Remain calm and cooperate with law enforcement.
- Avoid making statements about your case without legal guidance.
- Keep copies of any citations or paperwork you receive.
- Speak with a criminal defense attorney as soon as possible to understand your legal options.
Taking action early may help you better prepare for the legal process.
Facing Boating While Intoxicated Charges in Texas?
A Boating While Intoxicated charge should not be taken lightly. Even a first offense may result in criminal penalties and can affect your future.
If you have been arrested for BWI in San Antonio, Boerne, New Braunfels, or the surrounding areas, Arguelles & Lambert Criminal Law Firm is here to help you understand your rights and evaluate your legal options.
Contact our team today for a free consultation with an experienced criminal defense lawyer in Texas.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.
