Texas Penal Code Section 49.06 makes it illegal to boat while intoxicated. If you operate a watercraft while drunk or drugged, you could face serious consequences in Texas. If a police officer, game warden or marine safety enforcement officer arrested you for boating while over the legal limit, you will likely face a Class B misdemeanor charge.
Penalties If Convicted Under Texas Penal Code Section 49.06
If the court convicts you of a Class B misdemeanor such as boating while intoxicated, you could face significant consequences as a part of your sentence. This may include:
- A fine of up to $2,000; or
- Up to six months in jail; or
- Both a fine and county jail time
If the Judge offers probation, you could instead need to complete additional requirements as a part of this deal. You may need to enroll in an alcohol or drug education program, complete community service, check in regularly with a probation officer, and meet other requirements to probate your sentence.
Some People Face Enhanced Charges and Penalties After a Boating While Intoxicated Incident
A second offense may be a Class A misdemeanor, calling for at least 30 days behind bars and increased fines. The District Attorney can charge a third or subsequent offense as a felony of the third degree. A conviction of these charges call for:
- Two to ten years in state prison; or
- Up to $10,000 in fines; or
- Both prison time and significant fines
When considering these enhanced charges, they will consider related offenses as well as previous boating while intoxicated convictions. This may include:
- Driving while intoxicated
- Operating an aircraft while intoxicated
- Operating or assembling an amusement ride while intoxicated
- A combination of these offenses
Texas also does not have a limit on their look back period when it comes to enhanced offenses. This means even a drunk driving arrest from ten years ago could come back to haunt you following a boating while intoxicated arrest.
You will also face enhanced offenses and penalties if another person suffered serious injuries or died as a result of an injury that occurred because of your intoxication. These are serious felony charges.
Talk to a Texas Boating Under the Influence Defense Attorney About Your Case
The team from Eddington Worley is here to help if you face charges for boating under the influence of alcohol or drugs in Texas. We can evaluate the circumstances of your arrest, protect your rights, and develop a strategy to defend you from the allegations against you.
We offer consultations and can answer any questions you have about our services. We can also go to work on your case right away if necessary. Call us today at 855-600-6695 to learn more.
