Texas “Boating While Intoxicated” (BWI) Laws & Penalties
April 10, 2020
PENALTIES OF BOATING WHILE INTOXICATED (BWI) IN AUSTIN TEXAS
While carrying open containers of alcohol on a boat is legal, drinking and boating is against the law. Most importantly, the blood alcohol concentration (BAC) limitation for boating and drinking is identical to limits for drinking and driving. A person can be convicted of boating while intoxicated (BWI), sometimes called boating under the influence (BUI), for operating a watercraft while:
- impaired by drugs or alcohol so as not to have “normal use of mental or physical faculties,” or
- having a blood, breath, or urine alcohol concentration (BAC) of .08% or greater
In other words, a BUI can be based on blood alcohol concentration or actual impairment. Texas law prohibits operating a watercraft while intoxicated by drugs or alcohol.
Definition of a “watercraft”
The next question to answer is, what constitutes a watercraft? Texas Penal Code 49.01(4) says a “watercraft” is a vessel, one or more water skis, an aquaplane, or any other device used for transporting or carrying people over water, so long as the device is propelled by something other than simply the water’s current.
BWI Penalties
The penalties for a Texas BWI depend on a number of factors, including whether the operator:
- has prior BWI or driving while intoxicated (DWI) convictions (BWIs and DWIs both count as priors)
- was involved in an accident causing “serious bodily injury” to another, or
- was involved in an accident causing death.
First-Offense BWI Penalties
Texas Penal Code 49.06(b) states that most first-offense BWIs are class B misdemeanors and carry up to $2,000 in fines and between 72 hours and 180 days in jail and/or probation.
2nd Offense BWI Penalties
A second offense, or a blood alcohol reading of .15 or higher is a Class A misdemeanor, punished by up to a fine up to $4,000 and jail time of 30 days up to 1 year in jail and/or probation if convicted. A BWI counts as a second offense if the offender has ever been convicted of a BWI or DWI in the past.
3rd Boating While Intoxication Conviction
Worse still, a third conviction is a Third-Degree felony. Three-time offenders face between two and ten years in prison and up to $10,000 in fines and/or probation.
Higher Penalties for BWI With Injury
Even if your a first time offender & you caused injury or death to another person, the penalties are:
Serious bodily injury to another (intoxication assault):
Third-degree felony; between two and ten years in prison and up to $10,000 in fines and/or probation
Death (intoxication manslaughter):
Second-degree felony; between 2 and 20 years in prison and up to $10,000 in fines and/or probation.
License Suspensions
All boaters who operate a watercraft and, arrested for BWI face driver’s license suspension. The suspension period is three months up to one year, depending on whether the offender had an alcohol- or a drug-related suspension within the past ten years.
Get in Touch with a Lawyer Now!
BWI law is complicated and constantly changing. If you’ve been arrested for boating while intoxicated, get in contact with experienced Attorneys in Austin, or Attorneys at the Morales Law Office
who have experience handling BWI cases. Just call us today to schedule a consultation or if you need a jail release at 512.474.1499
or 432-570-1499
in the Permian Basin.
No Refusal Initiative 4th of July 2022
The upcoming Labor Day weekend is traditionally very big out on the area lakes as we mark the unofficial end of summer. The Austin Police Department will be bolstering its patrols on the lookout for drunk drivers starting Friday as part of its Labor Day DWI initiative.
Have you been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas? Do you know the difference? Texas distinguishes between the charges of DUI and DWI, and as a result, the defense strategies are different for each.