BUI stands for Boating Under the Influence. In Texas, it is illegal for minors to operate a watercraft while having any amount of detectable alcohol in their system. BUI is not the same as Boating While Intoxicated (BWI). If you are a minor and you drink alcohol and then operate a boat, you can get charged with both BUI and BWI.

In this article, we’ll cover Texas BUI and BWI laws, including the consequences and punishments associated with each conviction.

What is a BUI? 

Here’s what the Texas Alcoholic Beverage Code says about BUI:

“A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.”

Like DUI (Driving Under the Influence), BUI is reserved for minors in Texas. If you are 21 or over, you’d have to be intoxicated (drunk) to get charged and convicted of BWI.

However—under most circumstances—it is illegal for minors to drink alcohol in Texas. The state has a zero-tolerance policy for minors, which means that if you are a minor, you can be convicted if it can be evidenced that you had any measurable amount of alcohol in your system while operating a watercraft or a vehicle (in a public place)—even if you aren’t drunk.

How is BUI different than DWI?

BUI is specifically for those under 21. BWI is when operating a boat while intoxicated regardless of age.

If you operate a boat while drunk, you can get charged with Boating While Intoxicated. Here’s how the Texas Penal Code cites the offense:

“A person commits an offense if the person is intoxicated while operating a watercraft.”

The same chapter of the Penal Code defines “intoxicated” as:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.

Note that according to law, if your ability to operate a boat safely is impaired due to taking drugs, including legal prescription drugs, you can still be charged with BWI.

Typically, Boating While Intoxicated is a Class B misdemeanor, but it can be enhanced if there are aggravating factors present, for example

• You register a BAC of 0.15 or more
• You had a child passenger (under 15) on board at the time of the offense
• You have a previous conviction for a related intoxication offense, including BWI, Driving While Intoxicated, and Public Intoxication

If someone dies or suffers serious bodily injury as a result of your actions, you can be charged with Intoxication Manslaughter or Intoxication Assault, respectively, both of which carry significantly harsher punishments.

Blood Alcohol Limit (BAC) for Boating While Drunk

The Blood Alcohol Content limit for BWI is 0.08%. However, there is no limit for BUI. For Boating Under the Influence, if law enforcement officers register ANY detectable alcohol in your system (and you are a minor), you can be arrested and charged.

A BAC of 0.15% or higher results in enhanced offenses and penalties.

Proving Alcohol Content for DWI

For police to charge you with Boating Under the Influence, they must prove that you have some detectable alcohol in your system. Texas’ Implied Consent laws mean that anyone operating a boat on Texas waterways automatically consents to BAC testing.

You can refuse a blood test or Breathalyzer, but the consequences may include getting arrested, and the police can get a warrant to force a test anyway. Additionally, a refusal to submit a sample will result in an Administrative License Revocation—in short, your driver’s license will be suspended until you attend an ALR hearing, a civil procedure that is unrelated to criminal proceedings for BWI.

If you are over the age of 21, the officers will need to determine if they have probable cause for arresting you. Even if they are sure you’ve been drinking, you can only be convicted if the court can prove you are drunk. For this, police officers may require you to submit to a series of tests so that they can determine if you are impaired.

While drivers may face field sobriety tests, the same is difficult to conduct on a boat where the effect of “sea legs” can disorient most people. Police officers can either take you ashore and wait for 15 minutes before conducting road-side field sobriety tests or instead conduct a seated battery of standardized field sobriety tests, including:

• Horizontal gaze nystagmus
• Finger-to-nose exercise
• Palm pat exercise
• Four hand coordination exercises

Further, you may be required to give a Breathalyzer or blood sample.

Texas BWI Consequences

The consequences of a BWI conviction are identical to those of DWI. If you have previous convictions for intoxication-related offenses, you can face enhanced charges and penalties, rising in severity with each subsequent offense.

Punishment for BWI usually includes jail time, a fine, and a driver’s license suspension. To get your license back, you may be required to have an ignition interlock device installed into your vehicle. 

First Offense

A first BWI offense is a Class B misdemeanor. Penalties include:

• A fine of up to $2,000
• Between 3 and 180 days in jail

Second Offense

A second BWI offense is a Class A misdemeanor. Penalties include:

• A fine of up to $4,000
• Between 30 days and one year in jail

Third Offense

A third BWI offense is a third-degree felony. Penalties include:

• A fine of up to $10,000
• Between 2 to 10 years imprisonment

Can Your Boat License Be Revoked for Operating Under the Influence?

Your boating license may be suspended if you are found operating a watercraft under the influence. In addition to having your license revoked, you may be ordered to take a mandatory boater education course.

How Does a BUI Conviction Influence Your Driving Privileges?

Any alcohol-related offenses for minors will result in driver’s license suspension for between 60 days and two years, depending on the number of previous (alcohol-related) offenses on your record.

BWI convictions are treated the same way as other intoxication offenses, including DWIs. Upon conviction, your driver’s license can be suspended for 30 days to two years, depending on the severity of the violation.

The Best Legal Strategy for Challenging a BUI in Texas

A skilled Texas criminal defense attorney will study your case, including the arresting officer’s notes and all available evidence, to develop an effective defense strategy. This could include challenging the accuracy of the seated field sobriety tests or even the Breathalyzer results—if there is any doubt that the test was carried out correctly.

If you are facing BWI or BUI charges, the best thing you can do is to find a lawyer with a track record of success in intoxication-related cases. Here at Michael & Associates, we have extensive experience dealing with DWIs. Book your free case review today.