Texas's Boating While Intoxicated (BWI) Laws and Penalties

Read about the consequences—including jail time, fines, and license suspension—of boating while intoxicated (BWI) in Texas.

By , Attorney
Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Texas law prohibits operating a watercraft while intoxicated by drugs or alcohol. The law defines "watercraft" as "a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." A person can be convicted of boating while intoxicated (BWI), sometimes called boating under the influence (BUI), for operating a vessel while:

In other words, a BUI can be based on blood alcohol concentration or actual impairment.

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

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. However, if a first offender 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.
  • Death (intoxication manslaughter): Second-degree felony; between two and 20 years in prison and up to $10,000 in fines.

And the penalties are further enhanced if the victim either suffered a traumatic brain injury that resulted in a "persistent vegetative state" or was a peace officer, firefighter, or emergency medical personnel in the line of duty.

Second-Offense BWI Penalties

A BWI counts as a second offense if the offender has ever been convicted of a BWI or DWI in the past. Generally, a second BWI is a class A misdemeanor and carries up to $4,000 in fines and between 30 days and one year in jail.

Third-Offense BWI Penalties

If a boater has two prior BWI or DWI offenses, the third BWI will be a third-degree felony. Three-time offenders face between two and ten years in prison and up to $10,000 in fines.

License Suspensions

All boaters who operate a watercraft with a BAC of .08% face driver's license suspension. The suspension period is six months or 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

BWI law is complicated and constantly changing. If you've been arrested for boating while intoxicated, get in contact with an experienced attorney who handles BWI cases. A qualified attorney can give you the full picture of how the law applies to the facts of your case.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you