When the Texas heat hits, the lake starts calling. For many, these lake days include an alcoholic beverage or two. Unfortunately, many fail to consider the serious consequences of drinking while boating, until they’re facing a Boating While Intoxicated (BWI) charge.
According to TXDOT under Texas Penal Code § 49.06, a person can be charged with Boating While Intoxicated (BWI) if they operate a watercraft while intoxicated. The law defines a “watercraft” as a vessel that includes boats, jet skis, water skis, or any device used to transport a person on water, excluding those that are propelled solely by the current.
Are BWI and DWI the same?
Just like operating a motor vehicle on land, operating a watercraft while under the influence is a criminal offense.
Although 0.08 is the legal limit, you can be convicted of BWI:
- based on observed signs of impairment
- or refusing to take a sobriety test.
Both offenses can lead to fines, suspension of your driver’s license, and possible jail time. By operating a vessel on Texas waters, you have consented to be tested for alcohol and/or drugs if arrested by a law enforcement official. Refusal to submit to testing may result in the suspension of your vehicle driver’s license for at least 180 days.
It is important to note that unlike a DWI, an officer is not required to have probable cause to stop your boat for suspected impairment.
Can My Driver’s License Be Suspended if I’m Arrested for BWI?
The Texas Parks and Wildlife Department (TPWD) TPWD states that an arrest for boating while intoxicated will lead to automatic suspension of your driver’s license.
Does this apply to passengers? Unlike motor vehicles, while the person operating the boat cannot be under the influence, the open container law does not apply to boats and other types of watercrafts.
A fun day on the lake can easily turn into a serious criminal charge. Don’t let a mistake ruin your summer fun.
If you’ve been charged with boating while intoxicated in Texas, contact our office today to schedule a free case review.
