Boating While Intoxicated in Texas

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In Texas, Boating While Intoxicated is governed by Texas Penal Code Section 49.06. It is a crime in Texas to operate a watercraft while intoxicated. Intoxicated means one of the following:

1. not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

2.having an alcohol concentration of 0.08 or more.

Unlike Driving While Intoxicated the legislature has not made it a more serious crime to operate a watercraft with an alcohol concentration level of 0.15% or more at the time the analysis was performed.

Like Driving While Intoxicated, there are greater penalties if you have prior convictions for alcohol-related offenses. It should be noted that a conviction for Driving While Intoxicated, Flying While Intoxicated, Boating While Intoxicated, and Assembling or Operating an Amusement Ride While Intoxicated can be used to enhance a Boating While Intoxicated offenses.

A first offense Boating While the Intoxicated charge is a special Class B Misdemeanor. It carries a minimum of 72 hours in the county jail up to 180 days in the county jail and a fine not to exceed $2,000.

A second offense Boating While Intoxicated charge is a special Class A Misdemeanor. It carries a minimum of 30 days in the county jail up to 1 year in the county jail and fine not to exceed $4,000.

A person with two or more prior alcohol related misdemeanor convictions, one or more prior felony convictions, or one prior Intoxication Manslaughter Conviction, is charged with a third degree felony. This is punishable between 2 to 10 years in the Texas Department of Corrections and a fine not to exceed $10,000. It should be noted that even if you are granted probation, you are required to serve at least 10 days confinement as a condition of probation in the county jail and that confinement must be served day for day.

We have offices in Austin, Texas and Round Rock, Texas.

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