In Texas, you can drink responsibly on your boat, as open container laws do not apply to boats. Although you are allowed to drink on boats, boat operators may not become intoxicated under any circumstance. If you are caught operating a boat while intoxicated, you can face hefty fines, a loss of license, and possibly jail time. While drinking and boating may seem fun, it can be an incredibly dangerous activity for you and other boaters on the water. Drinking and boating could lead to severe injuries or even death in some cases. If a close or immediate family member has lost their life as a result of a boating accident, you may be able to seek compensation on their behalf by contacting a wrongful death lawyer.
What are the Texas Boating While Intoxicated Laws?
The Texas Penal Code §49.06 prohibits operating a watercraft while intoxicated by drugs or alcohol. This law applies to many different types of boats and vessels, including sailboats and paddleboats like rowboats and canoes. Under the law, a person can be found guilty of boating while intoxicated (BWI) if they appear impaired so as not to have “normal use of mental or physical faculties” or have a blood, breath, or urine BAC of .08% or more. The offense for a BWI is a Class B misdemeanor with a minimum confinement of 72 hours.
What are the Penalties for Boating While Intoxicated in Texas?
To ensure the safety of other boaters and people on the water, Texas takes BWI offenses seriously. For a first offense, you could face up to a $2,000 fine and/or up to 180 days in jail. A second offense could lead to up to a $4,000 fine and/or up to a year in jail. For a third offense, you could face up to a $10,000 fine and/or up to 2-10 years in jail.
Additionally, a BWI offender could face harsh penalties if their actions caused injury or death to another person. If the BWI offender caused serious bodily injury to another person, it is considered an intoxication assault. Intoxication assault is considered a third-degree felony, which is punishable by up to $10,000 in fines and 2-10 years in prison. If the BWI offender causes the death of another person, the offense is considered intoxication manslaughter, which is a second-degree felony and punishable by up to $10,000 in fines and 2-20 years in prison. Moreover, an injured party can file a civil claim to seek compensation for injuries and damages that resulted from the boating accident, whether or not the person is found guilty of a BWI offense.
Can My Driver’s License be Suspended for a BWI Offense?
All boaters who receive a BWI offense will face driver’s license suspension. A first-time offense usually results in a six-month driver’s license suspension; however, the driver’s license could be suspended for six months or one year, depending on whether the offender had an alcohol- or drug-related suspension within the past ten years. Additionally, if you are suspected of boating while intoxicated, you are not required to provide a blood or breath specimen unless you are provided with a search warrant signed by a judge. However, refusal to provide a breath or blood specimen will result in the automatic suspension of your driver’s license. Driving without a license can get you in further hot water if you are caught without it.
What Should I do if I am Injured in a Boating Accident?
If you are injured in a boating accident in Texas, make sure you get to a safe place if the boat is no longer safe to stay on. Once you are safe, call the authorities and report the accident to the local law enforcement or the Texas Parks and Wildlife Department. If it is safe to do so, take pictures of the accident and other evidence and ask witnesses for their names and contact information. If you are injured, seek medical treatment immediately. Seeking medical attention will allow you to get the treatment you need and help document your injuries for future use in your case.
Once you have sought medical treatment and collected pictures and evidence from the accident, contact a personal injury lawyer as soon as possible to seek compensation for your injuries.
Boating in the Gulf
If you are planning to boat along the coast, beware that federal maritime laws will apply. You can be arrested, incarcerated, and/or fined for boating while intoxicated at sea under federal law.
Contact a Houston Boating Accident Lawyer
Boating accidents often lead to significant injuries or, in the worst cases, death. If you have been injured as a result of a boating accident, you need an experienced Houston Boating Accident Lawyer on your side. If your injuries were caused by the negligence of another boat operator, you may be entitled to compensation for damages, including medical bills, lost wages, property damages, and more. At Simmons and Fletcher, P.C., our attorneys will help you seek the compensation you deserve. For a free consultation, call us at 713-932-0777.
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