Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Texas law prohibits anyone from operating a vessel while intoxicated
(BWI)—that is, while under the influence of alcohol or drugs. This
includes operating any boat, sailboat, personal watercraft, water
skis, sailboard, or similar device while intoxicated. Alcohol and
drugs cause impaired balance, blurred vision, poor coordination,
impaired judgment, and slower reaction times. Alcohol is a major contributor to boating accidents and fatalities. Read
more about the effects and risks of consuming alcohol.
Boaters on Texas waters should be aware of the following Texas
laws.
- Operators who have a blood alcohol concentration of 0.08% percent
or greater are considered intoxicated.
- Texas law establishes the following penalties for boating
while intoxicated.
- First conviction carries a fine of up to $2,000 and/or
jail time of up to 180 days.
- Second conviction carries a fine of up to $4,000 and/or
jail time of up to one year.
- Third conviction carries a fine of up to $10,000 and/or
jail time of 2-10 years.
- By operating a vessel on Texas waters, you have consented
to be tested for alcohol and/or drugs if arrested by a law enforcement
official. Refusal to submit to testing may result in the suspension
of your vehicle driver’s license for at least 180 days.

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Areas of Impairment Due to Blood Alcohol
Concentration (BAC)
Because you can drink faster than your system can burn
off the alcohol, there is an increasing level of alcohol in your blood.
This level is referred to as Blood Alcohol Concentration (BAC). |
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