Boating / On the water
How to operate without hurting anyone - or getting a ticket. The big one is drinking: a BWI is treated like a DWI, in any boat. Then it's sharing the water, and what to do if there's an accident.
The big one
Drinking and driving a boat is a crime, just like in a car. It's illegal to operate any watercraft - a motorboat, sailboat, jet ski, or canoe - while intoxicated.
The limit: The limit is a 0.08 blood alcohol level, or losing the normal use of your body or mind from alcohol or drugs.
Penalties: A first BWI is a Class B misdemeanor: up to $2,000 in fines and up to 180 days in jail (with a minimum jail term), and it can suspend your driver's license. Repeat offenses climb to bigger fines and felony charges.
Safety checks: Game wardens can stop and board any boat for a safety check without needing a reason. If they see signs of impairment, a BWI investigation can follow.
Implied consent: On a boat with a 50-horsepower-or-bigger motor, you've already agreed to alcohol/drug testing if you're arrested - refusing can suspend your driver's license.
One twist: the open-container law doesn't apply to boat passengers - but the operator still can't be intoxicated. (In a state park, alcohol is restricted - see the camping guide.)
BWI is a legal matter - for the specifics of your situation, talk to a lawyer.
Boating While Intoxicated (Penal Code 49.06) ->Slow to idle / no-wake speed - just fast enough to steer - within 50 feet of a swimmer, a wading or bank angler, a dock, a swim float, or a diver-down flag. You're responsible for your wake: it can swamp a small boat or knock someone down.
Boats follow 'rules of the road' much like cars - the U.S. Coast Guard Inland Rules. Keep a proper lookout, go a safe speed, and know who must give way. Meeting head-on, both boats turn right. The boat being passed has the right of way. A boater education course teaches these.
A red flag with a white diagonal stripe means a diver is underwater. Don't run your boat within 50 feet of one at all, and stay at slow headway speed within 150 feet. And don't swim or dive within 200 yards of a sightseeing or excursion boat.
Every boat has a capacity limit for people and weight, usually on a metal plate near the helm - don't go over it. Reckless or negligent operation that puts people or property in danger is against the law.
If you're in a boating accident, the Texas Water Safety Act makes the operator stop, help, and report it. The deadline depends on how bad it was.
Report within 48 hours
Someone died, went missing, or was hurt worse than first aid
File a written report within 30 days
Property damage over $2,000 (and no serious injury)
Stop and help: You must also stop and help anyone involved, and give your name and boat information. Leaving the scene of a serious boating accident is a felony.
To report, call a local game warden, local law enforcement, or 911 in an emergency. TPWD's lines:
Official sources
Operating rules come from TPWD and the Texas Water Safety Act; BWI is in the Penal Code. We summarize - we don't give legal advice.
Caution: Rules can change, and BWI is a legal matter. The official pages and the statutes are the final word - for your situation, talk to a lawyer.
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