Is It Illegal To Drink While Boating in Galveston, TX?
You can have alcohol on a boat in Texas, and passengers may drink. It becomes illegal the moment the operator is intoxicated. In Texas, “intoxicated” means having a blood alcohol concentration of 0.08 or more or not having normal use of your mental or physical faculties because of alcohol or drugs.
In short, you can bring drinks aboard in Galveston, but the person operating the boat cannot be intoxicated. This is the key rule to remember on Galveston Bay and the Gulf.
Texas Law: Boating While Intoxicated (BWI)
Texas Penal Code §49.06 makes it a crime to operate a watercraft while intoxicated. “Watercraft” includes powerboats, sailboats over 14 feet, jet skis, and similar vessels. A first BWI is typically a Class B misdemeanor with a minimum of 72 hours in jail.
Penalties are similar to a DWI on land, and they can increase if there are prior convictions or aggravating factors. Because the statute treats boating and driving laws similarly, operators should expect serious consequences if they choose to captain a boat after drinking.
The bottom line is that Texas law targets intoxicated operation, not the mere presence of alcohol on the boat. Understanding this difference helps boaters plan safe outings in Galveston waters.
What Counts as “Intoxicated” on the Water
Under Texas law, intoxication can be shown in two ways. First, a chemical test at 0.08 or higher will qualify. Second, even if your test is under 0.08, officers can still arrest you if your normal mental or physical faculties are impaired by alcohol, drugs, or a combination.
Heat, sun, dehydration, and wave motion can magnify alcohol’s effects, so a small amount of alcohol may affect you more than you expect on the water. In practice, operators should avoid drinking entirely if they will be at the helm.
Because impairment can be proven without a 0.08 test result, the safest choice for anyone operating a boat in Galveston is to stay sober.
Can Passengers Drink on a Boat in Galveston?
Texas open container rules apply to motor vehicles on highways, not to boats. Passengers may drink on a boat, and there is no statewide ban on open containers aboard watercraft. That said, intoxicated passengers can still create hazards, fall overboard, or distract the operator.
For everyone’s safety, groups should set clear expectations about who is operating the boat and how alcohol will be handled during the trip. Responsible plans help ensure a fun day on the bay. Even when passengers are drinking lawfully, the operator remains responsible for safe navigation and compliance with all boating laws.
Special Situations and Higher Penalties
Texas law increases penalties in certain circumstances. If an operator is intoxicated and has a passenger younger than 15 on board, the charge can be a state jail felony. Serious injury or death tied to intoxicated operation can lead to felony charges for intoxication assault or intoxication manslaughter. Prior DWI or BWI convictions can also enhance punishment levels.
These enhancements reflect how seriously Texas treats boating safety. On busy Galveston waterways, a single mistake can have major consequences for everyone on board and nearby vessels.
Key Takeaway for Galveston, TX
Alcohol is allowed on boats in Texas, but intoxicated operation is illegal. The 0.08 standard and impairment rules apply on the water just like on the road. Penalties can include jail, fines, and license consequences, and they become more severe when children are involved or when someone is hurt.
The simplest way to stay safe and legal on Galveston waters is to keep the helm alcohol free. This clear rule keeps your trip fun and reduces the risk of costly and life-changing outcomes. If you’ve been in an accident, contact The Law Firm of Alton C. Todd Personal Injury Lawyers today to learn how a Galveston personal injury lawyer can help.
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
(409) 207-9299
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
