June 29, 2025

Don't Let Your July 4th Splash Turn into a BWI Crash: Texas Boating Laws & Enforcement 

The Fourth of July is synonymous with fireworks, festivities, and fun on Texas lakes. From Lake Ray Hubbard in Rockwall to the lakes in Hunt County, Kaufman County, and Dallas County, boats will be out in full force. While celebrating on the water can be a cherished tradition, it's also a time of heightened vigilance from law enforcement. The Texas Parks and Wildlife Department (TPWD) and local agencies will be on high alert, participating in initiatives like Operation Dry Water to crack down on Boating While Intoxicated (BWI).

Understanding Texas' boating alcohol laws is crucial to ensure your time on the water remains safe and free from serious legal trouble. If you're planning to enjoy the water, here's what you need to know about consuming alcohol, water safety inspections, and the severe penalties for BWI.

Alcohol & Your Boat: What's Legal and What's Not?

One common misconception is that "open container" laws for vehicles apply similarly to boats. In Texas, that's generally not the case for passengers. Passengers on a boat may legally consume alcoholic beverages. However, this freedom comes with a critical caveat: the boat operator must not be intoxicated.

While your friends or family can enjoy a cold drink, if you are the one at the helm, your responsibilities are significant. The moment your ability to operate the watercraft safely becomes impaired by alcohol or drugs, you are breaking the law, and placing your passengers and other lake users at risk of serious injury or even death.

Boating While Intoxicated (BWI): Just Like a DWI on Water

Texas Penal Code § 49.06 makes Boating While Intoxicated (BWI) a serious offense, carrying penalties comparable to a Driving While Intoxicated (DWI) charge on land. You are considered intoxicated if:

• You do not have the normal use of mental or physical faculties due to alcohol, drugs, or a combination.

• Your Blood Alcohol Concentration (BAC) is 0.08% or higher.

This applies to a wide range of watercraft, including personal watercraft (like jet skis).

Crucially, officers do NOT need probable cause to stop a boat for a safety check. A TPWD Game Warden or other certified marine safety enforcement officer can pull you over simply to ensure you're in compliance with safety regulations. If, during this routine check, they observe signs of intoxication (e.g., open containers, slurred speech, unsteady movements), they can then initiate a BWI investigation.

Implied Consent and the DIC-24 for BWI

Just like driving on public roads, operating a vessel on Texas waterways means you have given "implied consent" to provide a breath or blood specimen if lawfully arrested for BWI. If an officer suspects BWI, they will read you a warning similar to the DIC-24 used for DWIs, explaining the consequences of refusing or failing a chemical test:

• Refusal to Test: Your Texas driver's license will be suspended for a minimum of 180 days for a first refusal, regardless of your BWI case outcome. This refusal can also be used against you in court.

• Failure of the test: If your BAC is 0.08% or higher, your Texas driver's license will be suspended for a minimum of 90 days for a first offense.

This means a BWI incident on the lake can directly impact your ability to drive your car on land.

Penalties for a Texas BWI Conviction

A BWI conviction carries severe consequences:

• First Offense: A Class B Misdemeanor, punishable by a fine of up to $2,000 and/or jail time up to 180 days.

• With Child Passenger under 15 years of age: This is a State Jail Felony, carrying up to two years in state jail and a fine of up to $10,000.

• Intoxication Assault/Manslaughter: If your impaired boating causes serious bodily injury or death to another person, you could face felony charges with significantly harsher prison sentences and fines.

Beyond criminal penalties, a BWI conviction can also lead to:

• Suspension of your Texas Driver's License.

• Mandatory alcohol education programs.

• Increased insurance premiums.

• A permanent criminal record.

Water Safety Inspections: What Officers Look For

As mentioned, officers can stop you for a routine water safety inspection. They'll be checking for essential equipment, including:

• Personal Flotation Devices (PFDs): Enough appropriately sized, U.S. Coast Guard-approved life jackets for everyone on board, readily accessible.

• Fire Extinguisher: The correct type and quantity for your vessel size, properly maintained.

• Lights: Proper navigation lights, especially if operating between sunset and sunrise.

• Sound-Producing Devices: A whistle, horn, or bell to signal.

• Registration & Documentation: Current vessel registration, boat numbers displayed correctly, and any other required paperwork.

These inspections are a primary tool for law enforcement to ensure safety and often serve as the initial contact that could lead to a BWI investigation if impairment is suspected.

Protect Your Freedom and Your Future on the Water

The 4th of July is a time for celebration, not for court dates. Increased law enforcement presence on Lake Ray Hubbard, Lavon Lake, Cedar Creek Lake, Lake Lewisville and other popular waterways in Rockwall County, Hunt County, Kaufman County, and Dallas County means a higher chance of encountering law enforcement.

If you find yourself facing a Boating While Intoxicated (BWI) charge in Texas, the consequences can be life-altering. You need immediate, experienced legal guidance. Larman Law provides dedicated criminal defense and has the knowledge to navigate complex BWI cases. Don't let a holiday celebration turn into a nightmare. Contact Larman Law today for a consultation to protect your rights and your future.

Want To Learn More? Visit the Updates page for the latest posts from Larman Law in Heath, Texas, or click below for more information about aspects of Texas law:

Disclaimer: The blog posts on this website are intended for informational purposes only and do not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and strives to timely update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this post does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.