Boating While Intoxicated in Texas

Understanding BWI laws, penalties, and how boating while intoxicated differs from DWI in Texas waters.

BWI vs DWI: Key Differences

Aspect DWI (Driving) BWI (Boating)
Governing Law Texas Transportation Code Texas Parks & Wildlife Code
BAC Limit 0.08% (0.04% commercial) 0.08%
Enforcement Agency Local/State Police Texas Parks & Wildlife Wardens
License Impact Driver's license suspended Boating safety certificate affected
Implied Consent Yes - driving privilege Yes - boating privilege

Legal Definition of BWI

Texas Parks & Wildlife Code 31.097
A Person Commits BWI if:
  • Operating a watercraft while intoxicated
  • BAC of 0.08% or higher
  • Not having normal use of mental faculties
  • Not having normal use of physical faculties
  • Due to alcohol, controlled substance, or drug
What Constitutes "Operating"
Operating Includes:
  • Steering or controlling the watercraft
  • Being in actual physical control
  • Having the engine running
  • Being underway on the water
  • Anchored with engine on
Does NOT Include:
  • Boat secured to dock with engine off
  • Passenger without control
  • Boat on trailer (not in water)

BWI Penalties in Texas

Offense Classification Jail Time Fine Additional Penalties
First BWI Class B Misdemeanor Up to 180 days Up to $2,000 Boating safety course
Second BWI Class A Misdemeanor 30 days - 1 year Up to $4,000 Enhanced penalties
BWI with Injury 3rd Degree Felony 2-10 years Up to $10,000 Victim restitution
BWI with Death 2nd Degree Felony 2-20 years Up to $10,000 Wrongful death liability

Unique Aspects of BWI Enforcement

Water Environment Challenges
  • No standardized field sobriety tests for boats
  • Balance affected by water movement
  • Sun exposure and dehydration factors
  • Wind and weather impact coordination
  • Difficulty distinguishing impairment from sea conditions
  • Limited ability to conduct roadside tests
Enforcement Procedures
  • Texas Parks & Wildlife wardens have jurisdiction
  • Can board vessels for safety inspections
  • Reasonable suspicion needed for BWI investigation
  • Must transport to shore for testing
  • May coordinate with local law enforcement
  • Federal waters may involve Coast Guard

Common BWI Scenarios

Most Common: Operating boat to/from party location while intoxicated. Even short distances between coves or docks count as "operating." Passengers can also be charged if they take control.

Gray Area: Being anchored with engine running for air conditioning or charging may constitute "operating." Turn off engine when anchored and drinking to avoid potential charges.

Enhanced Charges: BWI with injury or death carries felony penalties similar to DWI. Property damage to other boats or docks also increases liability and potential charges.

Jurisdiction Issues: Federal waters (Coast Guard jurisdiction) vs state waters (Texas Parks & Wildlife) can affect which laws apply and prosecution venue. Location of arrest matters.

BWI Defense Strategies

Watercraft-Specific Defenses
  • Challenge "operating" definition
  • Weather/water conditions affecting balance
  • Sun exposure and dehydration factors
  • Mechanical problems vs impairment
  • Emergency situations requiring movement
  • Passenger vs operator distinction
Standard Defenses
  • Lack of reasonable suspicion for stop
  • Improper boarding procedures
  • Constitutional violations
  • Blood/breath test reliability
  • Rising BAC defense
  • Medical conditions affecting tests
Jurisdictional Challenges
  • Federal vs state water boundaries
  • Warden authority and jurisdiction
  • Proper venue for prosecution
  • Interstate water complications
  • Tribal water considerations
  • Private vs public water access

BWI Prevention and Safety

Safe Boating Practices:
Designated Operator:
  • Designate sober boat operator
  • Rotate operator duties
  • Use water taxi services
  • Stay anchored if everyone drinking
  • Plan overnight stays
Risk Factors:
  • Sun exposure increases intoxication
  • Dehydration amplifies alcohol effects
  • Motion and balance challenges
  • Cold water shock dangers
  • Emergency response delays

Facing BWI Charges in Texas?

Boating while intoxicated carries serious penalties and unique legal challenges. Get experienced representation familiar with maritime law.

Get Attorney Referral DWI Defense Guide