Boating while intoxicated (BWI) in Fort Worth is a Class B misdemeanor that carries up to 180 days in jail, a $2,000 fine, and a 180-day driver’s license suspension. Unlike DWI traffic stops, Texas Parks and Wildlife officers can board your vessel without any reason or probable cause, making these charges surprisingly common on lakes throughout the DFW area.
Varghese Summersett has defended dozens of BWI cases across Tarrant, Dallas, and Denton counties. Our attorneys have taken these cases to trial and understand the unique defenses available when officers conduct seated field sobriety tests on the water.
What is Boating While Intoxicated in Texas?
Under Texas Penal Code § 49.06, a person commits boating while intoxicated when they operate a watercraft while intoxicated. Texas law defines “watercraft” as a vessel, water skis, aquaplane, or another device used to transport a person on water (except devices propelled only by the current).
“Intoxicated” means either: (1) not having the normal use of mental or physical faculties due to alcohol, drugs, or any combination; or (2) having a blood alcohol concentration of 0.08 or more.
Can You Drink on a Boat in Texas?
Yes. Texas does not prohibit open containers on boats. Unlike vehicles, passengers and even the operator can legally possess and consume alcohol on a watercraft. However, the operator cannot be intoxicated while operating the vessel. Texas Parks and Wildlife recommends avoiding alcohol entirely while boating, but drinking while operating is only illegal if you become intoxicated.
Can Police Stop Your Boat Without a Reason?
Yes. Under Texas Parks and Wildlife Code § 31.124, officers can stop and board any vessel at any time to conduct safety inspections. They do not need reasonable suspicion or probable cause. The Texas Court of Criminal Appeals upheld this law in a case arising from Sneaky Pete’s Marina in Lewisville.
This is different from vehicles on Texas roads, where DWI checkpoints are unconstitutional. On the water, these random stops are perfectly legal. Once aboard, if an officer suspects intoxication, they can begin a BWI investigation.
Will a BWI Arrest Suspend Your Driver’s License?
It can. Under Texas Transportation Code § 724.002, refusing a breath or blood test after a BWI arrest triggers an automatic 180-day driver’s license suspension. This applies only to watercraft with engines rated at 50 horsepower or more by the manufacturer.
You have 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing to contest this suspension.
How Do Officers Test for BWI?
Officers cannot use standard field sobriety tests designed for solid ground. Instead, they use the Seated Battery of Standardized Field Sobriety Tests, developed by the U.S. Coast Guard and the National Association of State Boating Law Administrators (NASBLA).
This seated battery includes six tests:
Horizontal Gaze Nystagmus (HGN): The same eye test used in DWI investigations. Officers look for involuntary jerking of the eyes when tracking a stimulus.
Finger to Nose: With eyes closed and head tilted back, you touch the tip of your finger to your nose when the officer says “left” or “right.” Officers watch for accuracy and whether you use the correct hand.
Palm Pat: You place one hand palm-up and the other palm-down on top, then rotate the top hand back and forth while counting aloud. Officers observe coordination and rhythm.
Hand Coordination: You place your fists together at your chest and “step” them forward nine times, then back nine times. Officers watch for proper sequencing.
Finger Count: You extend one hand palm-up and touch your thumb to each fingertip while counting 1-2-3-4. Officers note coordination and accuracy.
Time Estimation: With eyes closed and head tilted back, you estimate when 30 seconds have passed. Officers compare your estimate to actual elapsed time.
These tests are less standardized than roadside DWI tests. Many factors affect performance: sun exposure, heat, fatigue, inner ear conditions, and the natural effects of being on the water all day.
What Are the Penalties for BWI in Texas?
A first-time BWI is a Class B misdemeanor under Texas Penal Code § 49.06. Penalties include:
| Penalty | First Offense |
|---|---|
| Jail Time | 72 hours to 180 days |
| Fine | Up to $2,000 |
| License Suspension (refusal) | 180 days |
A BWI conviction creates a permanent criminal record. It can affect employment, professional licenses, and future DWI charges. In Texas, a prior BWI counts as a prior intoxication offense for DWI enhancement purposes.
What Defenses Work in BWI Cases?
BWI cases often have stronger defenses than DWI cases. Common defense strategies include:
Challenging the seated field sobriety tests: The NASBLA seated battery is less validated than roadside tests. Officer training varies widely, and environmental factors create reasonable doubt about test accuracy.
Environmental conditions: Sun exposure, dehydration, heat exhaustion, inner ear disturbance from being on the water, and fatigue from swimming or tubing can all mimic signs of intoxication.
Timing of intoxication: The State must prove you were intoxicated while operating the watercraft, not before or after. If you were drinking while anchored or after docking, that timing matters.
Blood or breath test issues: Chain of custody problems, improper administration, equipment calibration issues, and rising blood alcohol defenses all apply to BWI cases.
Frequently Asked Questions About BWI in Fort Worth
Is BWI a felony in Texas?
A first or second BWI is a misdemeanor. BWI becomes a felony if you have two prior intoxication offenses, cause serious bodily injury, or cause death while boating intoxicated.
Can you get a BWI on a kayak or paddleboard?
Yes. The Texas definition of “watercraft” includes any device used to transport a person on water except those propelled only by the current. Kayaks and paddleboards qualify as watercraft.
Do you need a boating license to get a BWI?
No. BWI applies to anyone operating a watercraft while intoxicated, regardless of whether they hold a boater education certificate.
Will a BWI affect my car insurance?
Possibly. While BWI is not a driving offense, insurance companies review your overall criminal record. A BWI conviction may affect rates, especially if it results in a license suspension.
Can I refuse the breath test on a boat?
You can refuse, but if your boat has an engine rated at 50+ horsepower, refusal triggers an automatic 180-day driver’s license suspension under Texas implied consent laws.
Fight Your BWI Charge in Fort Worth
A BWI arrest does not have to define your future. The attorneys at Varghese Summersett have defended dozens of boating while intoxicated cases across North Texas. We understand the unique defenses available in these cases and have taken BWI charges to trial.
Call 817-203-2220 for a free consultation with an experienced Fort Worth BWI defense lawyer. We serve clients in Tarrant, Dallas, Denton, and surrounding counties.
