Galveston is surrounded by water, and on holiday weekends the bay, the channels and the beachfront are packed with boats. Enjoying a day on the water can turn serious quickly if alcohol is involved. Brian Foley and Luis Baez are former prosecutors and former members of the Vehicular Crimes Team, and they defend boating while intoxicated (BWI) cases across Galveston County.
What is boating while intoxicated?
Under Texas Penal Code Section 49.06, a person commits BWI if they are intoxicated while operating a watercraft. A watercraft under this statute is a vessel with a motor greater than 50cc, so some smaller vessels, like a johnboat with an electric motor, may not qualify.
"Intoxicated" means the same thing it does in a DWI case: not having the normal use of your mental or physical faculties because of alcohol or drugs, or having a blood alcohol concentration of 0.08 or more.
How BWI stops happen
Unlike a car stop, a Texas Game Warden or port authority officer can stop your boat for a boater safety check without a specific reason. During the check, if the officer smells alcohol or sees signs of intoxication, a BWI investigation begins. These stops are especially common during high-traffic times like the Fourth of July.
Penalties
- First BWI: generally a Class B misdemeanor, with a minimum of 72 hours in jail on conviction, up to 180 days, and a fine of up to $2,000.
- Repeat offenses: a third or subsequent intoxication offense can be enhanced to a felony.
Your driver's license is at risk too
Even though you were not driving a car, a BWI arrest can lead to a driver's license suspension. If you refuse or fail a breath or blood test, the State can begin an Administrative License Revocation. You have 15 days from the arrest to request a hearing. See our ALR hearing page. If a suspension does happen, an occupational driver's license may let you keep driving for work and essential needs.
Defending a BWI
We look at whether the vessel qualifies as a watercraft under the statute, how the safety check turned into an investigation, how field sobriety tests were given on a moving boat or an unsteady dock, and whether any breath or blood test was handled correctly.
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