USA Today published a survey of boaters this morning which showed that the most popular holiday for boating on lakes is the Fourth of July. If you getting in your boat and heading out onto Canyon Lake, Lake Dunlap, Lake Placid or Lake McQueeney this Fourth of July Weekend, here's a few things to remember in order to stay out of court (or worse):
1. BOATING WHILE INTOXICATED IN TEXAS IS A SERIOUS OFFENSE: In Texas, it's illegal to operate any type of watercraft in public place while intoxicated due to the consumption of alcohol, drugs (prescription or otherwise), controlled substance, or any combo. First offense Boating While Intoxicated is a Class B misdemeanor and carries the same range of punishment as a first offense Driving While Intoxicated charge -- a fine of up to $2,000.00, nywhere from 72 hours up to 180 days in county jail, and/or up to 2 years of supervised probation.
2. YOU CAN BE ARRESTED FOR BOATING WHILE INTOXICATED WHILE OPERATING A JET SKI: Our Boating While Intoxicated statute in Texas provides that you can get a BWI while operating any kind of a "watercraft" while intoxicated. "Watercraft" is broadly defined as any type of a vessel that is not designed to be propelled by the current of the water. If you take the definition of watercraft to it's logical extreme, it's possible, in theory, to get arrested for BWI in a rowboat. Needless to say, if it's got a motor, and it floats, it qualifies as a watercraft. We have represented more than one client who was arrested for BWI while jet-skiing.
3. BOATING WHILE INTOXICATED CAN COST YOU YOUR DRIVER'S LICENSE TO DRIVE A CAR. Under our implied consent statute -- the one where law enforcement offers you a breath test after you get arrested for DWI and then seizes your driver's license when you either fail or refuse -- BWI is also covered. So in other words, if you refuse to take, or fail a breath test, after getting arrested for boating while intoxicated, you can lose your license to drive a car.
4. BOATING CHECKPOINTS ARE LEGAL IN TEXAS -- COPS DON'T NEED REASONABLE SUSPICION OR PROBABLE CAUSE TO STOP YOUR BOAT ON THE WATER: As I've mentioned several times before on this blog, random law enforcement checkpoints to detain and search people are generally illegal in Texas. There is at least one huge exception, however. The Texas Legislature has made it legal for law enforcement to stop watercraft on the water in order to inspect safety equipment. If you are stopped for a safety inspection, and the cop happens to notice that strong odor of alcohol on your breath or the tipsy look in your eyes, then you could wind up in trouble for more than not have life preservers onboard.
5. "BUZZING" ISN'T JUST RUDE, IT'S ILLEGAL: It's illegal to operate a watercraft in a circular path around a swimmer or fisherman, as well as to operate a watercraft in an area marked off exclusively for swimmers or fishermen. In addition, it's also against law to create a wake behind your watercraft that endangers others on the water.
6. KNOW THE SPECIAL RULES FOR THE LAKE ON WHICH YOU ARE BOATING: Many people don't realize that Canyon Lake is administered by the U.S. Army Corp of Engineers, which can adopt its own regulations for the areas it supervises. Before getting on the water, make sure you know any special rules that apply to the body of water on which you are boating.
7. BONUS RULE: That lake is like a frying pan. Use a sunscreen with an SPF of 50 or above. Happy boating.