Boating While Intoxicated A conviction for Boating While Intoxicated, or "BWI", is very similar to a conviction for Driving While Intoxicated. Boating under the influence can result in jail time, fines, required attendance at lengthy alcohol education programs, boating safety classes with an additional alcohol education component, community service and much more. Because Texas has more square miles of inland water than any other state, according to the Texas Parks and Wildlife Department, the attorneys at Evans & Peek are equally skilled in representing defendants accused of Driving While Intoxicated as wells as Boating While Intoxicated. With over 620,000 registered boats in Texas, if you are arrested for BWI it is very important to have counsel who understands the unique nature of BWI. Similar to Driving While Intoxicated, in Texas, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher. The potential penalties and sentencing are similar as well. Texas law establishes the following penalties for Boating While Intoxicated:: First conviction carries a fine up to $2,000 and/or jail time up to 180 days. Second conviction carries a fine up to $4,000 and/or jail time up to one year. Third conviction carries a fine up to $10,000 and/or jail time of 2-10 years. The person's Texas driver's license will be automatically suspended if the arrested person: Is operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above; and Refuses to provide a specimen (breath or blood) to determine the level of intoxication. The period of a Texas driver's license suspension for first time offenders is 180 days. The Texas open container law does NOT apply to watercraft; therefore, it is not illegal to have an open container of alcohol on a boat in Texas.