Every Memorial Day weekend, the Texas Parks and Wildlife Department and the Montgomery County Precinct 1 Constable's Office deploy boats across Lake Conroe specifically to enforce boating while intoxicated laws. If you are planning to spend the holiday weekend on the water, you need to understand that BWI in Texas carries the same criminal penalties as a DWI — and law enforcement treats it just as seriously.
At Griffin & Cain, Attorneys at Law, our DWI and BWI defense attorneys in Conroe represent boaters charged on Lake Conroe, Lake Livingston, and other Montgomery and Walker County waterways. If you are arrested for BWI this weekend, call us at (936) 441-2999 immediately — the clock starts ticking on your defense from the moment you are booked.
What Is BWI Under Texas Law?
Boating while intoxicated is defined under Texas Penal Code §49.06. A person commits BWI if they operate a watercraft while intoxicated — meaning they have a blood alcohol concentration of 0.08 or higher, or they have lost the normal use of mental or physical faculties by reason of alcohol, drugs, or a combination of both.
The definition mirrors DWI almost exactly. The legal limit is the same (0.08 BAC). The implied consent rules are similar. And critically, the penalties are identical to DWI under the Texas Penal Code:
A first BWI offense is a Class B misdemeanor punishable by 72 hours to 180 days in jail and a fine of up to $2,000. A second BWI is a Class A misdemeanor with 30 days to one year in jail and up to $4,000 in fines. A third BWI is a third-degree felony carrying 2 to 10 years in prison and up to $10,000 in fines.
Here is the part many boaters do not realize: BWI convictions count as prior offenses for DWI purposes, and vice versa. If you have a prior DWI from 2018 and you get a BWI on Lake Conroe this weekend, prosecutors will charge it as a second offense. The penalties stack across vehicle and watercraft offenses.
How Law Enforcement Operates on Lake Conroe
Lake Conroe spans approximately 21,000 acres in Montgomery County. During peak weekends — Memorial Day, July 4th, and Labor Day — enforcement operations include patrol boats from Texas Parks and Wildlife game wardens, Montgomery County Precinct 1 Constable's Marine Division, the Montgomery County Sheriff's Office, and occasionally the Walker County Sheriff's Office on the lake's northern end.
Officers can stop any vessel on the water for a safety inspection without probable cause or reasonable suspicion. This is different from a traffic stop on the road, where officers generally need a reason to pull you over. On the water, game wardens have broad authority to check for life jackets, registration, fire extinguishers, and navigation lights. During that safety check, if the officer observes signs of intoxication — slurred speech, the smell of alcohol, open containers, erratic operation — the stop can escalate to a BWI investigation.
There are no standardized field sobriety tests designed for the water. The boat is rocking, the sun is in your eyes, and you have been standing on an unstable surface for hours. Despite this, officers will often ask you to perform modified balance and coordination tests on the dock or on the patrol vessel. They may also request a portable breath test at the scene, followed by a formal breath or blood test at the station.
Your Rights During a BWI Stop
You have the right to remain silent. You are not required to answer questions about how much you have had to drink, when you last ate, or where you have been. Be polite, provide your identification and boat registration, but do not volunteer information.
You have the right to refuse field sobriety tests. These tests are voluntary, and there is no legal penalty for refusing them. However, refusing a breath or blood test after arrest triggers the same implied consent consequences as a DWI refusal — automatic license suspension for 180 days on a first refusal.
You have the right to an attorney. If you are arrested, invoke this right clearly and do not answer further questions until your lawyer is present. Under the 2026 DWI law changes, law enforcement now has expanded authority to obtain blood search warrants across county lines, which means a refusal to blow may simply result in a warrant for your blood — sometimes issued within 30 minutes via electronic submission to a judge.
BWI vs. DWI: Key Differences That Affect Your Case
While the penalties are identical, BWI cases have several characteristics that can work in your favor with experienced defense counsel.
No dashcam or bodycam on the water
Most BWI stops lack the video evidence that DWI stops produce. Patrol boats rarely have mounted cameras, and body cameras are not standard equipment for game wardens on the water. This means the case often comes down to the officer's written report versus your testimony — with fewer objective records to corroborate the state's version of events.
Environmental factors
Sun exposure, dehydration, waves, engine fumes, and hours of physical activity on a boat can mimic signs of intoxication. Bloodshot eyes from glare, unsteady balance from wave motion, and flushed skin from sunburn are all symptoms that officers may attribute to alcohol. An experienced defense attorney will challenge these observations at trial.
Open container rules differ
Unlike vehicles, there is no open container law for boats in Texas. You and your passengers can legally have open alcoholic beverages on your boat. The presence of open containers is not, by itself, evidence of intoxication. However, officers will note the number and type of containers as circumstantial evidence.
No driver's license suspension for BWI alone
A BWI conviction does not result in a driver's license suspension the way a DWI conviction does — because you were operating a boat, not a motor vehicle. However, if you refused a breath or blood test after arrest, the ALR suspension process may still apply to your driver's license under implied consent law. And as noted above, a BWI conviction counts as a prior offense for any future DWI charge.
What to Do If You Are Arrested for BWI on Lake Conroe
Stay calm and be cooperative without being talkative. Provide identification but do not discuss your drinking. Request an attorney before answering questions. Note the time, location, weather conditions, and the names of any witnesses on your boat.
After release, contact a criminal defense attorney immediately. You have 15 days from the date of arrest to request an Administrative License Revocation hearing if you refused a breath or blood test. Missing this window results in automatic suspension.
Do not post about the arrest on social media. Do not discuss it with anyone other than your attorney. Prosecutors monitor social media, and anything you post — including photos from the same weekend showing you drinking on the boat — can be used against you.
Memorial Day Enforcement Is Real
Montgomery County law enforcement takes holiday weekend BWI enforcement seriously. In previous years, the Precinct 1 Constable's Marine Division has conducted saturation patrols at Stow-A-Way Marina, the FM 1097 bridge area, and the dam end of the lake near the Seven Coves neighborhood. Game wardens also patrol the public boat ramps where boaters return to load their trailers — a common interception point because an intoxicated boater who then drives their truck and trailer home can be charged with both BWI and DWI in a single evening.
If you plan to drink on the water this Memorial Day, designate a sober operator. If you are stopped and you have been drinking, exercise your rights, stay polite, and call Griffin & Cain at (936) 441-2999. We handle BWI and DWI cases in every Montgomery County and Walker County court, and we are available for emergency calls over the holiday weekend.
