July 28, 2025
Boating is a popular pastime in Texas, with vast coastlines, rivers, and lakes drawing millions of recreational users every year. While many people understand the rules surrounding driving while intoxicated (DWI), the laws related to drinking and operating a boat or Boating While Intoxicated (BWI) are less widely known.
In Texas, it is not illegal to consume alcohol on a boat; however, operating a watercraft while intoxicated is a criminal offense, carrying severe penalties. If you or someone you love is facing DWI or BWI charges in Texas, you should seek proven and dedicated DWI attorney services to put up a vigorous defense.
Boating While Intoxicated (BWI) in Texas
What is BWI?
Under Texas Penal Code § 49.06, a person commits the serious offense of Boating While Intoxicated (BWI) if the person is “operating a watercraft while intoxicated.”
“Watercraft” is broadly defined and includes motorboats, sailboats, personal watercraft (like Jet Skis), barges, and other motor-driven vessels. Canoes and kayaks are generally excluded unless they are equipped with a motor.
What Does “Intoxicated” Mean Under Texas Law?
Texas law defines “intoxicated” in the same manner for both DWI and BWI cases. Under Penal Code § 49.01(2), a person is considered intoxicated if:
- They lack the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances; or
- They have a legal blood alcohol concentration (BAC) of 0.08% or more.
This means a person can be charged with BWI even if their BAC is under 0.08%, so long as the arresting officer believes the person’s faculties are impaired.
Is It Legal to Drink Alcohol on a Boat in Texas?
Yes. Passengers and operators alike are legally allowed to possess and consume alcohol on a boat in Texas waters. This is unlike open container laws for motor vehicles, which prohibit drinking while driving or riding.
However, once the operator becomes intoxicated, criminal liability under the BWI statute applies. Just like with driving a car, responsibility is based on impairment, not consumption alone.
Law Enforcement on Texas Waterways
Who Enforces BWI Laws?
Multiple agencies are authorized to patrol Texas waters and enforce BWI laws, including:
- Texas Parks and Wildlife Department (TPWD) Game Wardens
- Local sheriff’s marine patrol units
- U.S. Coast Guard (in coastal waters)
- Municipal and county officers with jurisdiction over lakes or rivers
These law enforcement officers have the right to board and inspect boats without a warrant, especially to check for safety equipment, registration compliance, and an intoxicated boater or operator.
Sobriety Testing on the Water
Standardized Field Sobriety Tests (SFSTs), such as the walk-and-turn or one-leg stand, are sometimes not reliable on watercraft due to movement and unstable footing. As a result, officers may tow boats to shore and conduct sobriety testing on land.
In addition:
- Portable breath tests (PBTs) may be administered at the scene
- Suspected intoxicated operators may be asked to submit to blood or breath tests at a station or medical facility
- Refusal to take a chemical test can trigger an Administrative License Revocation (ALR), similar to DWI law
Penalties for Boating While Intoxicated in Texas
First-Offense BWI (Class B Misdemeanor)
- Jail time: 72 hours to 180 days
- Fine: Up to $2,000
- Driver’s license suspension: 180 days to 2 years
- Probation: Possible, with mandatory boater education course or treatment
Second-Offense BWI (Class A Misdemeanor)
- Jail time: 30 days to 1 year
- Fine: Up to $4,000
- Driver’s license suspension: Up to 2 years
- Ignition Interlock Device (IID): May be required
Third-Offense BWI (Third-Degree Felony)
- Prison: 2 to 10 years
- Fine: Up to $10,000
- Felony record: Permanent, with long-term consequences
- Enhanced monitoring and probation terms
Enhanced BWI Charges
Texas law provides enhanced penalties if any of the following factors are present:
- BWI with a child passenger under 15 years old – State Jail Felony
- BWI causing serious injury – Intoxication Assault (Third-Degree Felony)
- BWI causing death – Intoxication Manslaughter (Second-Degree Felony)
In such cases involving a serious boating accident or the presence of a child passenger, prosecutors usually pursue charges similar to vehicular manslaughter or assault. Penalties under Texas boating regulations can include years of imprisonment, restitution, and lifetime license suspension.
Administrative License Revocation (ALR) Process
Although boating does not require a driver’s license, being charged with BWI can still trigger license suspension under Texas’ Administrative License Revocation program, if:
- The individual refuses to submit to chemical testing; or
- The individual’s BAC is 0.08% or higher (exceeds the legal limit)
Upon arrest of the boat operator, the officer will issue a Notice of Suspension. The defendant has 15 days to request a hearing. If no hearing is requested, the license suspension takes effect automatically.
Even if the criminal BWI case is dismissed, the ALR suspension may still proceed unless separately contested.
Defending Against BWI Charges in Texas
BWI charges may be defensible, and skilled legal representation can lead to dismissal, reduction, or acquittal. Common defenses include:
Improper Stop or Boarding
Officers must have reasonable suspicion of a violation (other than a routine safety check) to stop and board in certain cases. If the stop was unlawful, all subsequent evidence may be suppressed.
Faulty Sobriety Tests
Field tests conducted on unstable surfaces (like a boat deck) may produce false positives due to motion, heat, or fatigue, and not alcohol impairment.
Invalid Chemical Testing
Breathalyzer devices must be calibrated, and blood draws must follow chain of custody and medical protocols. Any deviation may result in inadmissible test results.
No Evidence of Impairment
Even if alcohol was consumed, the state must prove that the operator was intoxicated to the legal standard. Mere presence of alcohol is not sufficient for conviction.
Get Our Skilled Texas BWI Defense Lawyers on Your Side
If you have been arrested for Boating While Intoxicated in Texas, Napier Law Firm is ready to fight for your freedom, record, and future. Led by George Napier, a former Montgomery County Chief Prosecutor and a Super Lawyers-rated criminal defense attorney, our firm brings courtroom experience and strategic insight to every BWI case.
We have successfully defended numerous intoxication-related cases, with 200+ dismissals and counting. Our team is available round the clock to assist clients in need of legal guidance and support. To schedule your free consultation, call us 24/7 at (713) 470-4097 or contact us online.