Boating While Intoxicated (BWI)

A person commits a Boating While Intoxicated (BWI) if they are intoxicated while operating a watercraft.

Generally this is a Class B Misdemeanor, but it can be bumped up according to the Texas Penal Code in Section 49.09.

Please note that the Texas Transportation Code under Chapter 709 has imposed “Superfines” on those who have been finally convicted of an offense of operating a motor vehicle while intoxicated.

Generally this is a Class B Misdemeanor with a minimum confinement in the county jail of 72 hours ( 3 days).

Penalties to a person if convicted of a First BWI:

Maximum fine of $2,000
Jail time: 72 hours to 180 days in county jail
License Suspension: 90 to 365 days

*Please note that you can be enhanced if it is shown that you have a prior conviction of a DWI, operation of an aircraft while intoxicated, operation of a watercraft while intoxicated or operating or assembling an amusement ride while intoxicated. See Texas Penal Code Sec. 49.09 (a).

**Also you can be enhanced to higher penalties should it be proved that you caused serious bodily injury or death to a firefighter in his/her official duty, an emergency medical services person in his/her offical duty, a peace officer in his/her official duty or a judge in his/her official duty. See Texas Penal Code Sec. 49.09 (b-1 thru b-3).

*** You also can be enhanced to a higher offense and penalty should you cause serious bodily injury to another in the nature of a traumatic brain injury. See Texas Penal Code Sec. 49.09 (b-4).

Generally this will be a Class A Misdemeanor if there is a prior conviction for a first dwi or bwi. This is the case even if it has been many years since your first DWI or BWI conviction.

Penalties to a person conviction of a Second DWI/ BWI:

Maximum fine of $4,000
Possible Jail time: 30 to 365 days in county jail
License Suspension: 180 days to 2 years

If you have had two prior DWI, and/ or BWI convictions, you are now bumped up to a felony under Texas law.

Penalties to a person convicted of a Third DWI/ BWI:

Maximum fine of $10,000
Possible jail time: 2 – 10 years in Texas Department of Criminal Justice
License Suspension: 180 days to 2 years

Impacts of a DWI/BWI Conviction

Fines
Jail time
Community Service
Mandatory participation in Victim Impact Panels
Typically will result in the suspension or revocation of your driver’s license
Higher Insurance Premiums
Probation fees
Background checks
Professional licenses can be impacted

Texas Penal Code Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD PASSENGER.

(a) A person commits an offense if:

(1) the person is intoxicated while operating a watercraft; and

(2) the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this section is a state jail felony.

Added by Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 1, eff. September 1, 2023

Please note that the Texas Transportation Code does make for an exception regarding payment of the superfines. If the person is able to prove that they are indigent, then they do not have to pay the superfines.

When you are dealing with the complexities of a BWI charge, it is important that you secure legal representation that can help guide you every step of the way.