Drinking alcohol on a boat is a popular summer activity, but it can lead to jail time in Texas.
Although passengers are allowed to have open cups, cans, and bottles of alcohol on board, Texas law prohibits the driver from drinking or having open alcohol nearby.
Operating a boat while intoxicated carries serious consequences, including fines up to $2,000, revocation of your boating and driver’s license, or 180 days in jail for the first offense.
If a drunk boater causes an accident, the penalties can be increased. This includes kayaks, canoes and other motorized watercraft.
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Sailing under the influence
The legal blood alcohol content (BAC) threshold for determining a boater’s level of intoxication is the same as for motor vehicles in Texas: 0.08 percent.
The skipper may be charged with boating while intoxicated (BWI), classified as a misdemeanor, if the blood alcohol concentration exceeds the legal limit or if drinking impairs his mental or physical abilities.
Texas law is strict about boating under the influence because alcohol can impair a person’s judgment, coordination and reaction time – all crucial skills for boat navigation.
According to Texas Parks & Wildlife, alcohol is the leading cause of boating accidents in the state.
A 2023 study by Captain Experiences, an online platform that helps people find and book fishing and hunting trips, found that Texas had the 13th highest number of boat fatalities nationwide.
The study, which used U.S. Coast Guard recreational boating data, found that between 2018 and 2022, 1,108 accidents in Texas waters claimed the lives of 232 people and caused $12 million in physical damage.
