Austin BUI Attorney

What Texas Law Says About Boating While Intoxicated

Texas Penal Code makes it an offense to operate a watercraft while intoxicated. BWI is the statutory term in the Texas Penal Code; “BUI” is a widely used alternate name for the same charge. The legal definition of intoxication is the same standard applied in DWI cases: not having the normal use of mental or physical faculties due to alcohol or drugs, or having a blood alcohol concentration of 0.08% or higher.

Under Texas law, a watercraft includes a vessel, water skis, an aquaplane, or any other device used to transport a person on water, other than something propelled only by the water’s current. That definition covers most recreational boats, personal watercraft, and motorized water sports equipment.

How a BWI Investigation Differs from a DWI Stop

On the road, law enforcement generally needs reasonable suspicion of a traffic violation before stopping a driver. On the water, the rules are different. Texas Parks and Wildlife Code Section 31.124 allows an enforcement officer to stop and board a vessel for a safety inspection without any showing of probable cause or reasonable suspicion, which means a BWI investigation can begin during what looks like a routine check.

Texas Game Wardens carry primary enforcement authority on Texas waterways, though local police and sheriff’s office marine and lake patrol units also conduct BWI stops. Once an officer suspects intoxication, the investigation shifts from routine inspection to something more serious.

Field sobriety tests on the water are different as well. The standing tests used in DWI stops aren’t practical on a moving or rocking vessel, so officers use seated field sobriety tests adapted for the marine environment. Those adaptations raise their own reliability questions that can matter in court.

BWI Penalties Under Texas Law

The severity of a BWI charge depends on prior convictions and whether anyone was injured.

• First offense: Class B misdemeanor, with a minimum of 72 hours in jail, up to 180 days total, and a fine of up to $2,000.
• Second offense (one prior conviction for operating any vehicle or watercraft while intoxicated): Class A misdemeanor, with a minimum 30-day confinement and a fine of up to $4,000.
• Third offense or prior intoxication manslaughter conviction: Third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.
• BWI causing serious bodily injury (intoxication assault): Normally charged as a third-degree felony, but the charge can be enhanced to a second-degree felony when a traumatic brain injury results in a persistent vegetative state, or when serious bodily injury involves a firefighter or EMS worker acting in their official capacity. Causing serious bodily injury to a peace officer or judge in the line of duty can elevate the charge to a first-degree felony.

A deferred adjudication community supervision outcome from a prior intoxication offense still counts as a prior conviction for enhancement purposes, which catches many people off guard.

Common Defense Considerations in BWI Cases

Conditions on the water can produce signs that officers associate with intoxication. Sun exposure, heat, dehydration, boat motion, and fatigue can all cause red eyes, balance problems, and slowed reaction times, none of which necessarily reflect actual impairment.

Defense approaches in BWI cases often include challenging the reliability of field sobriety tests, questioning whether breath or blood testing equipment was properly calibrated and administered, and examining whether the stop followed legal procedure. A defense may also address whether impairment resulted from a medical condition or prescription medication, or dispute whether the person was actually operating or in control of the watercraft at the relevant time.

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