The Boating While Intoxicated crime in the state of Texas gives police the right to arrest you if they believe you are intoxicated while operating a boat. Learn more detailed information about the Boating While Intoxicated offense below.

Boating While Intoxicated does not qualify under the definition of an offense relating to the operating of a motor vehicle while intoxicated under Penal Code Section 49.09, which means that it does not qualify for the new fines imposed by the 86th Texas Legislature.

Boating While Intoxicated is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, and Morals”, Chapter 49 “Intoxication and Alcoholic Beverage Offenses.” Boating While Intoxicated (BWI) is grouped together with DWI and other drunk driving crimes in the Penal Code. Many of the penalties and procedures are similar for all of these offenses. Learn more about DWIs in Texas

What is the current Texas law about Boating While Intoxicated?

The current Texas law defines the offense of Boating While Intoxicated in Penal Code Section §49.06 as follows:^[1]

(a) A person commits an offense if the person is intoxicated while operating a watercraft.

How can I be charged with Boating While Intoxicated?

You can be charged with Boating While Intoxicated if the state’s attorneys believe that each of the elements of 49.06(a) as described in the section above have been met. Of these, probably the most contest element is “intoxication.” Learn more about what it means to be intoxicated under Texas law

What is the punishment for Boating While Intoxicated?

A conviction for Boating While Intoxicated is punished as a Class B misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $2000 and jail time of up to 180 days. There is a minimum term of confinement, however, of 72 hours in jail.^[3] Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §49.06^2. Texas Penal Code §49.06(b)^3. Texas Penal Code §49.06(b)