Fighting a Boating While Intoxicated Charge in Texas

 Posted on August 26, 2026 in Boating While Intoxicated

You can fight a boating while intoxicated charge in Texas in several ways. This may include challenging whether officers lawfully gathered evidence, questioning the accuracy of sobriety or chemical testing, and disputing whether the state can prove you were intoxicated while operating the watercraft.

If you're dealing with a BWI charge in 2026, our San Antonio criminal defense lawyer can help you understand your options and build a strong defense.

What Does Texas Law Say About Boating While Intoxicated?

Under Texas Penal Code Section 49.06, a person commits BWI if they operate a watercraft while intoxicated. This includes being impaired by alcohol, drugs, or a combination of both. The standard largely mirrors the one used for driving under the influence on the road. Getting stopped by a game warden or marine patrol officer can lead to real criminal consequences.

How Do Officers Test for Impairment on the Water?

Officers use several methods to assess impairment during a boating stop. Each of these methods can potentially be challenged. Common tools include field sobriety tests adapted for the water and breathalyzer testing. Officers also make observations about your speech, coordination, and behavior.

Field sobriety tests designed for dry land often become far less reliable on a moving boat. They can also become unreliable in choppy water or on an unsteady dock. This makes these tests one of the most commonly challenged pieces of evidence in a BWI case.

Why Boat-Based Sobriety Tests Raise Real Concerns

Standard field sobriety tests assume a stable surface and normal balance conditions. A rocking boat, wind, and waves can create problems. Even the natural difficulty of walking on a dock after being on the water for hours can create false signs of impairment. These signs may have nothing to do with alcohol or drugs.

What Evidence Can Help Challenge Your BWI Charge?

Building a strong defense often depends on gathering specific evidence that challenges the state's case. Helpful evidence includes:

• Weather and water conditions at the time of the stop
• Video or photo evidence from the scene, if available
• Witness statements from anyone on the boat with you
• Documentation of any medical conditions affecting balance or coordination
• Records showing the calibration and maintenance of any breathalyzer device used

A thorough review of these details can reveal weaknesses in how the officer conducted the stop or documented their observations.

Can You Refuse Testing During a BWI Stop?

You can refuse a requested breath or blood specimen in many BWI cases. However, refusal can have consequences. If you are arrested for BWI while operating a watercraft powered by an engine rated at 50 horsepower or more, refusing a requested specimen can result in suspension of your driver's license (Texas Transportation Code § 724.002).

Your refusal may also be used as evidence at your criminal trial. In some circumstances, officers may obtain a warrant for a blood sample even after you refuse testing.

What Are the Penalties for a First BWI Conviction in Texas?

A first-offense BWI in Texas is generally classified as a Class B misdemeanor. A conviction carries a minimum term of confinement of 72 hours. According to Texas Penal Code § 12.22, a Class B misdemeanor can carry up to 180 days in jail and a fine of up to $2,000. Penalties can increase for repeat offenses or when the incident involves more serious circumstances.

A conviction can also create a criminal record that follows you well beyond the immediate penalties. This is why building the strongest possible defense matters even for a first offense.

Does the Type of Watercraft Matter to Your BWI Case?

Texas law applies BWI charges broadly across different types of watercraft. The specific circumstances surrounding your vessel can affect how your case gets evaluated, though. This includes whether it was anchored, moving, or being used for recreational versus commercial purposes. A charge involving a small recreational boat might be approached differently than one involving a larger vessel or a boat carrying a child passenger.

For example, under Texas Penal Code Section 49.061, boating while intoxicated with a passenger younger than 15 years old is a state jail felony. This is much more serious than a standard first-offense BWI.

Contact Our San Antonio, TX BWI Defense Attorney

Attorney Sam Lock started out practicing civil litigation before shifting his focus to criminal defense. He brings more than 20 years of legal experience to every case that comes through his door. He also knows firsthand how much stress a BWI charge can bring into your life, which is why our office makes sure a real person picks up the phone, day or night, every day of the week.

Contact The Law Offices of Sam H. Lock at 210-226-0965 to talk to our San Antonio criminal defense lawyer today.