Awards & Media Appearances
Understanding Boating While Intoxicated in Texas 
In Texas, Boating While Intoxicated occurs when a person operates any watercraft while impaired by alcohol or drugs. Unlike recreational DWI on land, BWI applies to all vessels, including boats, jet skis, and personal watercraft. Texas Penal Code Section 49.06 defines intoxication broadly, considering not only a blood alcohol concentration (BAC) of 0.08% or higher but also the influence of illegal drugs or prescription medications that impair the ability to operate a vessel safely. Law enforcement officers are trained to recognize signs of impairment, including slurred speech, poor coordination, and erratic operation of the vessel. Penalties for a BWI conviction are severe and escalate with repeat offenses or aggravating circumstances such as injury to others or property damage. Heightened Enforcement During Memorial Day Weekend
Galveston authorities conduct intensified patrols on Memorial Day Weekend, often implementing “No-Refusal” protocols similar to those used during major holidays. This means law enforcement officers have the authority to require blood or breath tests without delay if there is probable cause to suspect intoxication. Boaters should be aware that checkpoints may be established at popular marinas, channels, and boat launches. Officers will be actively monitoring for unsafe operation, overloading, reckless maneuvers, and impaired driving on the water. The increased presence of law enforcement is intended to reduce accidents, injuries, and fatalities that historically spike during high-traffic holiday periods.Common Misconceptions Among Boaters
Many boaters believe that the rules for operating on water are less strict than those for driving a vehicle on land, or that small watercraft such as kayaks or jet skis are exempt. Both assumptions are incorrect. Any person in control of a vessel can be charged with BWI if intoxicated. Additionally, some believe that consuming alcohol onboard is safe as long as the vessel remains stationary. In fact, Texas law prohibits operating a vessel under the influence, regardless of whether the vessel is moving, if the impairment affects your ability to navigate safely. Misunderstanding these rules can result in unexpected arrests and severe legal consequences, even for experienced boaters.The Zendeh Del & Associates, PLLC Team
Legal Consequences for BWI Arrests
The penalties for BWI vary depending on prior convictions, BAC level, and whether the incident caused injury or property damage. A first-time offense may result in fines up to $2,000, up to 180 days in county jail, and mandatory completion of a boating safety course. Repeat offenders face significantly higher fines, longer incarceration periods, and potential seizure of the vessel. Aggravated circumstances, such as causing serious injury or operating a commercial vessel while intoxicated, may escalate the charge to a felony, which carries substantially harsher penalties. Texas law also imposes administrative consequences, such as suspension of driver or boating licenses, separate from criminal penalties.Rights During a BWI Stop
Boaters have constitutional protections during a stop. You have the right to remain silent and request an attorney before answering any questions. You also have the right to challenge testing procedures or administrative penalties if you believe your rights were violated. While refusing a field sobriety test may result in administrative consequences, such as license suspension, it is generally recommended that boaters consult with an experienced attorney before making decisions during an encounter with law enforcement. Attorneys from Zendeh Del & Associates PLLC can review arrest procedures, lab testing methods, and the legality of the stop to identify defenses that may reduce or dismiss charges.Typical Scenarios During Holiday Weekends
Memorial Day Weekend arrests often involve situations such as:- Operators of party boats consuming alcohol while navigating busy channels
- Jet skis or small vessels exceeding speed limits with impaired operators
- Boaters ignoring safety equipment requirements, leading to further citations
Case Results
Practical Tips to Avoid a BWI Arrest
Boaters can significantly reduce their risk of arrest by taking a few key precautions:- Designate a sober operator for any trip
- Monitor and limit alcohol consumption while on the water
- Be familiar with local channels, traffic patterns, and safety regulations
- Use marina or dockside transportation options if consuming alcohol