Texas Boating Laws: Can You Drink and Drive a Boat?

Boating is a favorite Texas pastime, especially when the sun is shining and the water’s calling. But before you crack open a cold one on the water, you might be wondering: Is it legal to drink and drive a boat in Texas? Knowing the ins and outs of Texas boating laws is key to keeping your adventures fun and safe. 

We’ll dive into the rules about alcohol on the water, explore the risks of boating while intoxicated, and highlight the penalties you could face. Whether you’re a seasoned captain or just starting to explore the waves, we’ll arm you with tips to prevent accidents and make sure your time on the water stays stress-free and responsible.

Understanding Texas Boating Laws

Texas has specific laws to ensure the safety of both boaters and passengers while protecting the state’s waterways. Boaters must follow basic rules, like keeping a safe speed, driving carefully, giving way to others when needed, and staying a safe distance from other boats, people, and property. Every boat must have the required safety gear, including life jackets for everyone, a throwable flotation device, a fire extinguisher (for certain boats), distress signals (for boats over 16 feet), and a horn or whistle.

It is illegal to operate a boat under the influence of alcohol or drugs. Boating while intoxicated (BWI) laws are in place to prevent impaired boating and ensure safe water activities. BWI in Texas refers to operating a watercraft while under the influence of alcohol or drugs. This offense is similar to driving while intoxicated (DWI), but it specifically applies to a watercraft.

Penalties for BWI in Texas can include fines, jail time, and the suspension of boating privileges, depending on the severity of the offense and whether there are any aggravating factors, such as repeat offenses or accidents involving injury or death.

Alcohol and Boating: What You Need to Know

It’s important to stay safe and make smart choices about alcohol when you’re on the water. In Texas, the legal blood alcohol concentration (BAC) limit for boat operators is 0.08%, which is the same as the limit for drivers of motor vehicles. If a boat operator has a BAC of 0.08% or higher, they can be arrested and charged with BWI. 

Alcohol impairs a person’s ability to operate a boat safely, just like it impairs driving. It slows your reactions, affects your balance, and makes it harder to make good decisions. Even small amounts of alcohol can make it tough to steer, keep your balance, and respond to changes on the water. An officer will investigate if they suspect impairment behaviors such as swerving, erratic driving, or poor control. 

Penalties for Boating While Intoxicated in Texas

If an officer thinks you’re too impaired to drive the boat, you could face serious consequences. According to the Texas Criminal Defense Group some common penalties are:

• Fines
  • If you’re caught boating while intoxicated for the first time in Texas, you could face a fine of up to $2,000. If you get caught again, the fines get bigger—up to $4,000 for a second offense and $10,000 for a third.
• Jail time
  • A first offense can result in up to 180 days in jail, a second could get up to one year, and a third offense is considered a third-degree felony which could mean 2 to 10 years in prison.
•  Boating suspension
  • After a BWI conviction, you might lose your right to operate a boat. For first-time offenders, your boating privileges could be suspended for up to 180 days. If you offend again, the suspension could last longer or even be permanent.
• Driver’s license suspension
  • Even if the offense happened on water, a BWI conviction could lead to the suspension of your driver’s license. The length of the suspension depends on how many previous BWI or DWI offenses you have.
• Probation
  • In some cases, you might have a probation period. This means you’ll have to follow certain rules, and breaking those rules could lead to more penalties.
• Ignition Interlock Device (IID)
  • For repeat BWI offenders, Texas might require you to install an ignition interlock device in your vehicle. This device checks your blood alcohol level before allowing your car to start.

• Boater education course
  • Depending on the details of your BWI offense, Texas may require you to take a boater education course. This course teaches safe boating practices and may be required for you to get your boating privileges back.

Besides criminal penalties, a person who causes an accident while boating drunk could face civil lawsuits if they hurt someone or damage property. This means they could be ordered to pay a lot of money in damages.

Preventing Boating Accidents While Intoxicated

Boating is a fun and relaxing activity, but safety should always come first, especially when it comes to drinking. To prevent accidents on the water, follow a few simple safety tips. Make sure everyone on the boat wears a life jacket, as it’s an important safety step. Also, choose someone sober to operate the boat, so they can stay in control and keep everyone safe.

If you want to have fun without drinking, try having a picnic, doing water sports, or just enjoying the views. There are also plenty of non-alcoholic drinks that can be just as refreshing, so everyone can enjoy without risking safety.

If you want to learn more about safe boating, there are plenty of resources available.

• Texas Parks and Wildlife Department (TPWD) offers online and in-person boating safety courses.
• The U.S. Coast Guard Auxiliary provides boating safety courses and resources across the country.
• Local boating groups offer courses and information on boating safety. Many offer safety training programs or workshops for new boaters. 

These resources will help you understand the rules, navigate the waters safely, and learn the risks of drinking while boating. By learning more, you can make your boating experience safer for everyone.

Injured on the Water? Contact Thomas J. Henry Law for the Help You Deserve!

If you’ve been injured while boating, don’t wait—contact us today. We can help you understand your rights and guide you through the legal process to get the compensation you deserve.

At Thomas J. Henry Law, we understand the stress and struggle faced after an unexpected accident or injury. In a time of uncertainty, we provide a sense of stability and prioritize our focus on getting clients’ lives back to normal. Our team of experienced attorneys can help you with the guidance and representation you need during this difficult time.

Thomas J. Henry Law operates on a contingency fee basis which means you do not pay our firm any fees unless we win your case. Our firm has 250+ personal injury attorneys available 24/7 to accommodate your needs. We have offices located in San Antonio, Corpus Christi, Austin, Dallas Fort-Worth, and Houston ready to help you on your claim. Contact us to help you get the relief you need and start on your free case review. Your safety and quality of life are our top priorities.