New Texas Law Prohibits Boat Drivers from Drinking Alcohol

 Posted on July 30,2024 in DUI/DWI

Many people who spend the summer months on the water are unaware they could receive a BWI citation if they are the driver of the boat and are drinking alcohol. Being cited for BWI, or boating while impaired, can bring some fairly severe penalties, even for a first-time citation. A new law in Texas that took effect June 24, 2024, prohibits boat drivers from drinking any alcohol while operating a boat and from having open containers of alcohol nearby while operating a boat.

The law applies to both motorized and non-motorized watercraft, including rowboats, canoes, kayaks, sailboats, and aquaplanes. While a passenger on the boat may have an open alcohol container, ideally, it should not be near the driver of the boat. A BWI citation should be taken just as seriously as a DWI and an accused party can benefit significantly from having a Houston, TX criminal defense lawyer by his or her side.  

What Was the Prior Law Regarding BWI in Texas?

Before the new BWI law took effect, it was not unlawful to consume alcoholic beverages while operating a boat or any other type of watercraft, so long as the driver of the boat did not drink to the point of becoming intoxicated. If the driver of a boat tested at 0.08 percent or above when given a breathalyzer test, they would be charged with BWI. Unfortunately, many boat drivers who were drinking responsibly were charged with BWI. Today, these laws are even more severe.

Penalties for BWI are similar to those for DWI. A first-time BWI conviction is a misdemeanor that can result in a fine of up to $2,000 and/or time in county jail of up to 180 days. A second BWI conviction is also a misdemeanor and can result in a fine of up to $4,000 and/or time in county jail of up to one year. A third BWI conviction is a third-degree felony and can result in fines as large as $10,000 and/or incarceration for a period of two to 10 years. A suspension or revocation of the defendant’s Texas boating license could also be one of the penalties for a BWI conviction.

Are There Defenses to Texas BWI Charges?

As with DWI in the state, there are numerous challenges related to the breathalyzer test, as well as civil rights violations that could result in the charges being dropped. The accuracy of a breathalyzer test depends on the machine itself, the officer administering the test, and the person taking the test. Breathalyzer machines must be consistently calibrated and serviced at regular intervals.

The officer administering the test must have been trained to do so, must have a current certification, and must follow the rules precisely, including waiting 15 minutes before administering the test. Other issues associated with a breathalyzer test include those related to the person taking the test, such as:

• The individual breathing patterns can alter breathalyzer test results by as much as 20 percent higher for shallow breathers.

• The breath-to-blood ratio is another very individual pattern that is different from person to person, and even for the same person over time.

• The temperature of the breath at the time the test is administered can make a significant difference in the results. When a person’s body temperature is warm, the alcohol diffuses from the blood into the lungs. The warmer a person is at the time of the test, the higher the BAC reading will be.

• A person who routinely works with lacquers, paints, or other chemicals can test higher on a breathalyzer test.

• Those with certain illnesses, like diabetes, liver disease, or kidney disease, can test abnormally high on a breathalyzer test.

• A person who uses inhalers for asthma may test high when given a breathalyzer test.

• Even a person who is on the Keto diet can blow a falsely high BAC.

Because there are so many variables that can skew a breathalyzer test, an attorney has plenty of ways to challenge the results of the test.  

Contact a Houston, TX BWI Lawyer

If you have been charged with BWI, it is important that you take the charges seriously. The best thing you can do for your future is to immediately contact an experienced Houston, TX BWI attorney who will begin building a defense on your behalf. The goal will be to have the charges reduced or dropped completely so you can avoid the penalties and long-term consequences of a BWI. When you choose Murphy & McKinney Law Firm, P.C., you can feel confident in that choice, knowing your attorney serves on the Board of Regents for the National College for DUI Defense. Call 713-229-8333 today to schedule your free consultation.