Is Boating and Drinking Really a Crime in Texas?

 Posted on June 10, 2025 in Boating While Intoxicated

Boating while intoxicated (BWI) is an actual criminal charge in Texas, and it comes with real-life consequences. Taking the boat out on the water during a hot Texas summer sounds like the perfect way to relax, but you have to obey the law and not drink beyond the legal limit if you are going to be driving a boat. If you were recently charged with BWI, an experienced Texas boating while intoxicated defense attorney can explain the charge against you and what you can do to challenge it in court.

Is a BWI Charge Similar to a DWI Charge in Texas?

A BWI charge is similar to a driving while intoxicated (DWI) charge, which is Texas’s official version of driving under the influence (DUI). However, under Texas law, a BWI specifically refers to the action of operating a watercraft while your blood alcohol concentration (BAC) is above the legal limit. A BWI is typically a Class B misdemeanor, but the charge escalates to a felony if a child passenger was on the boat.

If you are caught with a BAC level of 0.08 percent – the same limit set for DWIs – and convicted of a Class B misdemeanor, you could face up to 180 days of incarceration and a fine of up to $2,000. The penalties are harsher for a felony charge and even worse for repeat offenders. The court considers operating a boat while intoxicated just as serious as driving under the influence, and when the stakes are high, you want a knowledgeable criminal defense attorney on your side.

Do You Need a Lawyer for a BWI Charge in Texas?

Legal representatives with experience in BWI and DWI understand the local laws that deal with these cases and can help you manage the court process. Some ways your attorney will contribute to your defense include:

• Reviewing your case thoroughly, examining police reports and the result of any field sobriety or chemical testing done at the scene or after the arrest

• Identifying weaknesses in the prosecution’s case and points where your rights may have been violated

• Negotiating with prosecutors to have your charges reduced or dismissed whenever possible

Maximum sentencing for a BWI conviction can be devastating for you and your family, but an experienced lawyer will help you build a case to challenge the allegations.

Challenging a BWI Charge

Questioning the reliability of field sobriety tests is a common approach to challenging a BWI charge. These tests are inaccurate more often than you would expect and can be impacted by everything from the weather to your natural condition when sober.

Another common defense strategy is to question the legality of the stop. Did the police have probable cause to stop your boat? Did they follow the proper procedures before and during your arrest? If they failed at any point, your attorney can use that to argue for a dismissal or to have the charges reduced. They will build your case around the specific details of your arrest.

Speak With an Experienced San Antonio, TX Drinking while Boating Defense Attorney Today

Facing a BWI charge can be intimidating, but having an experienced San Antonio BWI defense lawyer from the Law Offices of Sam H. Lock means you will not face it alone. The consequences of a conviction can be devastating, but together, we can build a strong defense, challenge the evidence, and protect your rights. Call 210-226-0965 to schedule an initial consultation today.