Before you pop open that second White Claw on the boat, you should know that one wrong move could land you with a serious criminal charge: Boating While Intoxicated (BWI).
Let’s be real - when the Texas heat hits triple digits, there’s nothing better than grabbing your crew, hitting the lake, and kicking back with a drink in hand...
Yup. In Texas, boating under the influence is treated a lot like driving under the influence. Under Texas Penal Code § 49.06, it’s illegal to operate a watercraft while intoxicated. That includes boats, jet skis, and even water skis- basically anything that carries a person across water except things drifting with the current.
So What Counts as “Intoxicated”?
Just like with a DWI, the legal limit is 0.08% BAC. But here’s the catch: you don’t have to blow over the limit to get hit with a BWI.
You can be charged if:
- Officers notice signs of impairment, or
- You refuse to take a sobriety test.
That means slurred speech, unsteady movement, or even smelling like alcohol could be enough to get you in trouble.
No Probable Cause Needed
Unlike with DWI stops, law enforcement doesn't need probable cause to pull over your boat. They can stop you at any time to check for safety equipment - and if they suspect you’re impaired, things can escalate quickly.
And yup - by operating a boat in Texas, you’ve already given “implied consent” to be tested for alcohol or drugs if arrested. If you refuse? Your driver’s license could be suspended for at least 180 days.
Speaking of Licenses…
Even though you’re not driving a car, a BWI arrest can still cost you your driver’s license. The Texas Parks and Wildlife Department (TPWD) enforces this just like a DWI.
What About the Passengers?
The good news? Unlike cars, passengers can legally drink on a boat. Texas’s open container laws don’t apply to watercrafts - just make sure the person driving the boat stays sober.
Bottom line: A day of fun on the lake can turn into a legal nightmare real quick. Don’t let a BWI ruin your summer plans - or your record.
If you’ve been arrested for boating while intoxicated in Texas, reach out to our office for a free case review. We’ll help you navigate what comes next.
