What Is Boating While Intoxicated?
Boating while intoxicated ("BWI") is very similar to
DWI. Texas law states that it is illegal to operate a watercraft with a BAC level of 0.08 or higher OR when you have lost your normal physical or mental faculties. This is very similar to DWI.
A key element is watercraft and there are some interesting points to make regarding this element. The Texas Penal Code defines a watercraft as a vessel, an aquaplane, or another device that is used for transporting or carrying a person on water. Interestingly, included in this definition, is "one or more water skis." Yes, that is correct--water skis. Also excluded is a device propelled only by the current of water. Obviously, this means that rowboats, Kayaks, canoes, and inner tubes (that means you are not committing a crime when you are floating down the Guadalupe River and drinking.