Texas Boat Accident Lawyer

Driving a Boat While Drunk

On a hot summer day, many individuals enjoy packing a cooler with their preferred alcoholic beverages or stopping at a restaurant by the water for a few cocktails before heading out on the water. However, it is against the law in Texas to operate a boat while intoxicated (BUI). Before the warm weather arrives, you should be aware of the following.

Driving an auto under the influence versus boating

Boating accidents are governed by many of the same laws that apply to DUIs. Sheriff’s offices and other law enforcement officials have started harshly prosecuting boaters who operate their vessels while intoxicated in recent years. If you are stopped and your blood alcohol concentration (BAC) is over 0.08, you will be arrested.

Law enforcement can stop a boat on the water without a necessity for probable cause, unlike when stopping a car. If a law enforcement official thinks your faculties have been compromised, he or she may also seize you or follow you back to land.

Is There a Boat Police?

Boating under the influence is a crime that can be prosecuted by any law enforcement body that is on the water. Many boaters mistakenly think that only a sheriff’s department may make the arrest, but a game warden from the Texas Parks and Wildlife Department can do so if he or she suspects a motorist is operating a vessel while intoxicated.

Throughout the summer, the department makes a number of BUI arrests throughout each holiday weekend.

Can I drink alcohol and drive a boat?

You are required by law to limit your alcohol intake when operating any motorized watercraft.

Make sure you have a designated driver who is qualified to operate a boat if you decide to engage in the risky pastime of drinking while on the water. If a law enforcement officer suspects that a drunk person is currently in control of the watercraft or will be soon, action may be taken.

Crafts without engines and those that are under a particular size are exempt from BUI rules, although in some cases, you could be charged with public intoxication. Operating a rowboat, floating in an inner tube, or paddling a kayak or canoe will not result in BUI charges.

On Texas’s lakes and rivers, who is permitted to operate a watercraft?

A child may operate a vessel alone if they are at least 13 years old and have completed an approved boater education course. Law enforcement may question and/or detain an adult for BUI even if they have grounds to suspect that the youngster is not certified or was not in charge of the boat.

Should I abstain from drinking entirely while boating?

The majority of boating authorities advise against drinking on the water in general. Drinking in the sun raises the possibility of dehydration and mishaps with water. However, if you intend to operate the boat, you should surely refrain from drinking.

Give the police no cause to suspect that you may have operated the boat after drinking. Most stops on the water are for routine safety inspections, including life jackets and other necessary boating equipment. They will probably thank you and move on as long as you are kind and do not display any indications of possible intoxication.

What Should I Do If I See Someone Drinking and Boating?

Give a boat a wide berth and take note of the boat’s registration numbers if you notice someone acting strangely on the sea. Make a call to the police and let them handle it.

Tragic boating mishaps are common but can always be avoided if reckless actions like drinking are taken.