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What Is BWI in Texas? 
Before diving into the specifics of how BWI is enforced, it’s essential to understand what constitutes BWI in the state of Texas. Definition of BWI:
Boating While Intoxicated (BWI) in Texas is defined as operating a motorboat, personal watercraft, or any vessel on the water while impaired by alcohol or drugs. The impairment can either be physical or mental, and it is not limited to alcohol — drugs, whether prescription, over-the-counter, or illegal, can also lead to BWI charges. The legal blood alcohol concentration (BAC) limit for a boater is 0.08%, similar to the limit for operating a vehicle on land. If your BAC is found to be above this limit, or if you are visibly impaired, you could face a BWI charge. It’s important to note that BWI laws apply to the operator of the vessel. Passengers are not held to the same standards, but the operator is responsible for ensuring the safety of everyone aboard. A BWI conviction can carry severe consequences, including fines, loss of boating privileges, and even jail time. This makes it vital for duck hunters and boaters in Texas to be aware of these laws, especially during the hunting season.The Zendeh Del & Associates, PLLC Team
How Game Wardens Enforce BWI Laws During Duck Season
Game wardens in Texas are highly trained and dedicated to enforcing both hunting regulations and water safety laws. During duck season, they are particularly vigilant on the water due to the high volume of waterfowl hunters who are also consuming alcohol while out on the water. The game wardens are empowered to stop and board boats under certain circumstances, and knowing when and how they can enforce the BWI laws is crucial for boat operators.The Role of Game Wardens:
Game wardens have full authority to enforce laws related to boating and wildlife. They patrol Texas waters, especially during high-traffic seasons like duck hunting, to ensure that everyone is operating safely and within the bounds of the law. If a game warden suspects that a boater is under the influence, they can stop the vessel and ask the operator to perform a field sobriety test or submit to a breathalyzer.When Can a Game Warden Stop a Boat?
A game warden can stop any boat at any time if they have reasonable suspicion that the operator is violating any boating laws, including BWI. Common reasons for a stop during duck season include:
- Erratic Boating: This includes weaving, inconsistent speed, or otherwise unsafe maneuvering.
- Safety Concerns: If a boat is seen operating without the necessary safety equipment (life vests, fire extinguisher, etc.), a game warden can stop the vessel for an inspection.
- Visible Signs of Intoxication: If the operator is exhibiting signs of intoxication, such as slurred speech, red eyes, or a strong smell of alcohol, the warden has the right to perform an alcohol impairment test.
Boating Inspections:
In addition to checking for intoxication, game wardens are authorized to perform safety inspections of boats. These inspections can include:- Ensuring the boat has enough life jackets for all passengers.
- Checking for a functioning fire extinguisher.
- Inspecting the boat’s emergency signaling devices (whistles, flares, etc.).
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What to Do if You Are Stopped by a Game Warden
If a game warden stops your boat during duck season, there are several things you should do to ensure that the situation goes smoothly and that you are aware of your rights.- Stay Calm and Be Respectful Game wardens have a difficult job, especially during hunting season, when they are tasked with managing safety and enforcing laws. Staying calm, polite, and cooperative will make the interaction go more smoothly. Do not argue or resist the officer’s requests.
- Provide Necessary Documentation When asked, you should provide your boating registration and proof of insurance. If you’re out hunting, also be ready to show your hunting license and duck stamps if required.
- Understand Your Rights Regarding Testing If the game warden suspects you are impaired, they may request that you take a breathalyzer test or perform field sobriety tests. While you do have the right to refuse the breathalyzer test, it’s important to understand that refusing to take the test could lead to the suspension of your boating privileges, and the refusal could be used against you in court.
- Do Not Perform Any Test If You Are Not Comfortable If you are unsure about your level of impairment or if you believe you will fail a field sobriety test, remember that you are under no obligation to perform these tests without the presence of an attorney. You can ask for legal representation before proceeding with these tests, though it may lead to delays.
- If Arrested, Contact a Lawyer Immediately If you are arrested for BWI, you have the right to contact an attorney. It’s crucial to contact an experienced criminal defense attorney who specializes in boating and DWI cases in Texas. They will help you understand your legal rights and navigate the next steps in your case.
Penalties for BWI in Texas
If you are convicted of BWI during duck season in Texas, the penalties can be severe and can impact your ability to enjoy your time on the water. Here are the potential penalties you could face:Case Results
- Fines and Court Costs A first-time BWI offense can result in fines up to $500. Additional fines may apply depending on the severity of the offense, whether there are aggravating circumstances (such as causing an accident), or if the defendant has prior convictions for BWI.
- License Suspension If you are convicted of BWI, your boating privileges can be suspended. A first-time offender may face a suspension of up to one year, while repeat offenders can face longer suspensions.
- Jail Time In some cases, a BWI conviction can lead to jail time, especially if the boater is involved in an accident or has a BAC well above the legal limit.
- Criminal Record A BWI conviction results in a criminal record, which can have long-lasting effects on your ability to obtain certain jobs, professional licenses, or firearm permits.
Tips to Avoid BWI During Duck Season
While it’s essential to know the consequences of BWI and how to handle a situation with game wardens, it’s even more important to avoid getting into that situation altogether. Here are some practical tips to help ensure you stay on the right side of the law during duck season:- Designate a Sober Boater Before heading out, designate someone in your group to remain sober so that they can operate the boat safely. This is especially crucial if you plan on drinking alcohol while hunting.
- Know Your Limits If you plan on operating a boat, know your limits when it comes to alcohol. Even if you haven’t reached the legal BAC limit, it’s still possible to be impaired and unsafe to operate a boat. Always err on the side of caution.
- Don’t Drink and Drive If you’re planning to drive your boat, it’s best to stay sober. Even if you’re not drinking heavily, avoid drinking until you are safely off the water and have handed the boat over to a sober person.
- Be Prepared for Inspections Keep your boat in proper working order, complete with all required safety equipment. The more organized and prepared you are, the less likely it is that you’ll face any issues with a game warden during an inspection.