Alcohol and Boating: How DUI Laws Apply on the Water
Boating is one of Texas’s favorite pastimes, especially with its many lakes, rivers, and access to the Gulf Coast. Whether you're fishing, tubing, or simply enjoying a cruise with friends, there's something peaceful about being on the water. But add alcohol into the mix, and things can quickly take a turn for the worse.
While many people are aware of the dangers and legal consequences of driving a car while under the influence, fewer understand that similar rules apply to operating a boat. In Texas, boating while intoxicated (BWI) is a criminal offense, and the consequences can be just as serious as a DUI.
We’re Gardner Law Firm, our Rockport, TX boating accident attorney knows how frightening it can feel when a boating accident changes your life in an instant. We’re committed to walking with you through every legal step, with compassion, clarity, and strong advocacy, so you don’t feel like you’re facing the fight alone.
Here, we’ll explain why it’s important for recreational boaters to know how the law treats alcohol use on the water, what the penalties are, and how to stay safe from boating accidents.
Boating While Intoxicated (BWI)
In Texas, boating while intoxicated is defined under the Texas Penal Code Section 49.06. The law states that a person commits an offense if they are intoxicated while operating a watercraft.
Intoxication means not having the normal use of mental or physical faculties due to alcohol, a controlled substance, or any combination of substances, or having a blood alcohol concentration (BAC) of 0.08% or higher.
A "watercraft" includes any vessel, boat, or other device used for transporting people on water—so this covers everything from motorboats to personal watercraft like Jet Skis. It doesn’t apply to non-motorized vessels such as canoes or kayaks, unless other aggravating factors are present.
If you’re thinking that law enforcement is less likely to patrol lakes and rivers than highways, think again. Texas Game Wardens and other marine patrol units are active on popular waterways, especially during holidays and weekends.
They're legally allowed to stop boats to conduct safety checks, and if they suspect the operator is under the influence, they can administer field sobriety tests and even arrest you on the spot.
What Happens If You're Caught Boating While Intoxicated?
Getting caught boating while intoxicated isn't a slap-on-the-wrist situation. The legal consequences are serious and can follow you long after your time on the water is over. Here’s a breakdown of what you might face:
First offense: A Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and possibly a loss of boating privileges.
Second offense: A Class A misdemeanor, with up to one year in jail and a fine of up to $4,000.
Third or subsequent offense: A third-degree felony, carrying two to ten years in prison and fines up to $10,000.
Other consequences can include mandatory alcohol education classes, community service, and a criminal record that affects employment, housing, and other aspects of life.
If you're involved in boating accidents while intoxicated, the charges can escalate quickly. Injuring someone could lead to intoxication assault charges, while causing a fatality might result in intoxication manslaughter, both felony offenses.
Boating Accidents and Alcohol
Boating accidents often occur when alcohol is involved. Unlike driving on a road, operating a boat presents unique challenges that can be worsened by alcohol consumption. There are no lanes, traffic signals, or brakes.
Environmental factors like wind, waves, and sun can affect a boater’s judgment and coordination even without alcohol. Add alcohol into the situation, and the risk of accidents rises dramatically.
According to the U.S. Coast Guard, alcohol is a leading contributing factor in fatal boating accidents nationwide. In Texas, the statistics follow that trend, especially during the summer months and holiday weekends when boat traffic is highest.
Alcohol affects boaters differently from drivers. This phenomenon is called "boater’s fatigue," a condition caused by sun, wind, engine noise, vibration, and motion. These factors alone reduce a person's reaction time and judgment, but when combined with alcohol, they magnify the effects.
Boating accidents tied to alcohol use are often severe due to the added risks of drowning and delayed emergency response. A minor collision on land might result in a fender-bender. On the water, the same mistake could result in capsizing, ejection, or fatalities.
Legal Differences Between DUI and BWI in Texas
Though DUI and BWI both involve operating a vehicle under the influence, there are a few key differences in how the laws are enforced and what they cover. Understanding these can help boaters avoid unnecessary risks.
Where You Can Be Stopped
On the road, police officers generally need a reason—like speeding or swerving—to pull a driver over. On the water, officers can stop your boat at any time to conduct safety inspections or check for registration compliance. If they see signs of intoxication, it’s perfectly legal for them to begin a BWI investigation.
Sobriety Tests
Sobriety tests on the water can differ from those on land. Standardized Field Sobriety Tests (SFSTs) are often unreliable on a moving or rocking boat. Officers may wait until you're on shore to perform certain tests, or they may use portable breathalyzers right on the water.
License Suspension
Unlike a DUI, a BWI in Texas doesn’t directly result in the suspension of your driver’s license unless there are additional aggravating factors or a refusal to submit to chemical testing. However, multiple BWIs or a combination of BWI and DUI offenses could lead to license consequences.
Vehicle Forfeiture
In extreme cases involving repeat offenses or serious boating accidents, the court could consider vehicle forfeiture as a penalty—though this is less common than in DUI cases.
How to Stay Safe and Legal While Boating
Alcohol and water don’t mix well. If you’re heading out on a boat, it’s a smart idea to treat the outing like you would any road trip: with a designated driver. But in this case, it’s a designated boat operator.
Here are some practical steps to help you stay safe and avoid a BWI:
Assign a sober operator: Just like a designated driver, this person should avoid alcohol and be responsible for safely operating the vessel.
Limit alcohol onboard: Reducing the availability of alcohol on the boat can prevent poor decisions.
Hydrate and eat: Alcohol affects you faster in the sun and heat, especially if you're dehydrated or haven't eaten.
Plan ahead: Know your route, check the weather, and make sure the boat is equipped with safety gear.
Avoid nighttime boating after drinking: Visibility drops and the risk of boating accidents increases significantly after dark.
These simple actions can protect not just you, but everyone else on the water.
What to Do If You’re Charged With BWI
If you’re facing BWI charges in Texas, it’s important to take the situation seriously. A conviction can affect more than just your time on the water. It could impact your freedom, finances, and future opportunities.
That said, every case is different, and there may be defenses available based on how the stop was conducted, whether the tests were valid, or if your rights were violated.
The prosecution must prove intoxication beyond a reasonable doubt, and there are legal strategies that can challenge the evidence or circumstances of the arrest. Timely legal advice is critical if you hope to fight the charges or lessen the penalties.
Boating accidents related to alcohol also increase your exposure to civil liability. If someone else is injured or killed, you could face lawsuits in addition to criminal charges. These civil cases can involve massive financial damages, especially if negligence can be proven.
Contact Us After a BWI or Boating Accident
Boating while intoxicated isn’t just risky; it’s illegal, and the consequences here in Texas can be serious and long-lasting. Boating accidents caused by alcohol often lead to devastating injuries, tragic fatalities, and legal problems that can follow you for years.
Texas law treats BWI much like DUI, with penalties that can include jail time, hefty fines, and a permanent mark on your record. Whether we’re talking to a first-time boater or someone with years of experience, we always stress that avoiding alcohol on the water is one of the smartest choices you can make—for your safety and for everyone around you.
When you’re out on the water, the responsibility goes beyond just having a good time. It includes protecting our passengers, respecting fellow boaters, and doing your part to keep the waterways safe.
At Gardner Law Firm, we’ve worked with individuals and families in Rockport and Corpus Christi who are facing the aftermath of boating accidents or BWI charges. If you’re in that situation, don’t wait to get the help you need from an experienced accident attorney. Reach out to us today so we can talk about your options and stand by your side every step of the way.