Boating While Intoxicated
You may get a BWI if you operate a boat or other watercraft while intoxicated. A BWI is a Class B misdemeanor, which means that you face up to 3 days jail time if convicted. Just like a DWI and DUI, a BWI is a serious charge that can harm your personal and professional reputation. To avoid a BWI you need to be a cautious captain and ensure all safety precautions are taken before you go out on the water. An experienced BWI lawyer can answer all your questions and defend you in court if you are charged.
What The Law Says
It is illegal to operate a boat, Jet Ski, motorized ski-board and other water craft in Texas while you are legally intoxicated. A watercraft is defined as any watercraft that has motors attached that help propel it on water. That means that crafts such as canoes, row boats, inner tubes and kayaks are excluded from this offense. To be considered legally intoxicated you must have a BAC of .08 or higher. You should not confuse a BWI with a BUI because they have different legal meanings.
A BWI and BUI are different because a BUI can only committed by a minor that is under the age of 21. A minor can be charged with a BUI if the minor is operating a watercraft with any detectable amount of alcohol in their blood. In addition, BWI laws do not forbid people from having open containers in a watercraft on water.
How You May Be Arrested For A DWI
A simple safety inspection by police on your vessel can quickly lead to an arrest if they smell alcohol on you. Just like they do with car drivers, you will be taken back to shore and asked to stand on only one leg, walk a straight line, and tilt your head back with your eyes closed. Any sign of intoxication may actually result in you getting arrested.
While Texas law requires a police officer to have reasonable suspicion or probable cause for an automobile stop, a police officer does not need a reason to stop a boat. Once police officers stop your watercraft, they can investigate any crime they think is occurring. But just like in a DWI case, you can refuse to perform the field sobriety tests or breathalyzer test.
Penalties For A BWI
A first BWI offense is a Class B misdemeanor and it results in a fine of up to $2,000 and a jail time of up to 180 days in jail. The first offender must spend at least 3 days in jail. A second offense BWI is a Class A misdemeanor, which may result in a fine of up to $4,000 and up to a year in prison. An individual convicted of a second offense BWI must spend 30 days in jail. A third conviction results in a higher penalty of a fine of $10,000 and 2 to 10 years jail time. People who cause death or injury because they were operating a watercraft while under the influence of drugs or alcohol face even stricter punishments.