Bui ?

[cashbuck]

Since you asked ...

Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an aircraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

[cashbuck]

Back to Boating While Intoxicated ...

Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Sec. 49.01. DEFINITIONS. In this chapter:
(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.

In general ... the penal code uses the definition "To control the functioning of" for operating. As with DWI, you do not have to be in the act of "driving" to be in violation of the statute.

Based on the definition of "watercraft" ... if you are paddling or pedaling it is a "watercraft."

[Tmag]

I believe some of the bad accidents on Conroe and Clear Lake helped with the BUI law. I am sure there were several other lakes involved also.

[crittergitter]

Since you asked ...

Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an aircraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

yea i knew that law was there that why i posted. that would be a odd one to file

[Flint knapper]

? Why become intoxicated in the first place????????

[trad"Doc"53]

They will pobably ignore you to Fliny knapper!!! Must be a touchy subject!!

[Tmag]

yea i knew that law was there that why i posted. that would be a odd one to file

I imagine the pilot that gave me lessons got that way the day he made me stall the plane. I pulled out of it at the last second when he told me we were gonna die if I didn't pull up. I still can't figure why you have to stall a perfectly good plane like that.

[xman59]

Will, you answer is different form what most people are saying. What leads you to that answer? I was hoping maybe one of the Game Wardens or LEO would chime in.

I already did!!

[xman59]

I believe some of the bad accidents on Conroe and Clear Lake helped with the BUI law. I am sure there were several other lakes involved also.

those may be the ones that occurred after the neches river incidnet in which 6 drowned... I know I was there... driving a Boat for the BPD

[Bulldog7906]

Chapter 49. Intoxication and alcoholic beverage offenses

What defines a "watercraft"? What if you're in a canoe, let's say?

Sec. 49.01. DEFINITIONS. In this chapter:

(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.

[TaxMaverick]

I’m a lawyer with several DWIs (as the arrestee). For two of my DWIs, I was found parked, passed out behind the wheel.

I can answer the questions about: “Does the engine need to be running?,” “sitting in driver’s seat?,” “keys in the ignition?,” and so on. The police do not need one magic fact to charge you with a BWI or DWI. They only need some articulable fact giving them reason to believe you were driving drunk.

Proving a BWI/DWI is exactly the same as proving a murder. There is no law saying the police must see you shot the victim, or they must find the gun in your possession. The police can use all relevant evidence to prove you committed the murder. Similarly, they can use any relevant evidence to prove you were driving drunk.

Another boater can tell the police they saw you driving drunk. The police can find you anchored, sitting in a passenger seat, with a fishing pole, drunk. If you are the only person in the boat, they can give you a BWI, concluding you must have driven to that spot drunk. (This would be a weak case for the police because of course at trial you can say you got drunk after you anchored the boat.)

The police can give you a BWI because you admit to them you were driving drunk earlier, even though they did not see it.

Regarding canoes and rowboats, this is the question I was trying to answer when I found this forum. I’m new to Texas and would like to be the most sophisticated drunk driver/boater I can be. With my research so far, I can’t give a solid answer to this question.

The BWI statute is vague. It says: “’Watercraft’ means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.” The key words here are “propelled only by the current of water.” What about an ore? Does this make the vessel powered by more than the current of water, i.e., human power? I think a cop could give you a BWI in a canoe/rowboat. It would be up to a jury to decide if a canoe/rowboat is a device propelled only by current of water.

I can’t find any Texas appellate court opinions on this issue. So, I think the police are free to apply any interpretation of the statute they want. (But, one good thing about there not being any appellate court opinions on this issue: This means the police are either not charging, or changing very few people, with BWIs in rowboats/canoes. If you think about it, a cop would have to be a pretty big jerk to give someone a BWI in a rowboat.)

The lawyer at the following link says you cannot get a BWI in a rowboat, but he does not cite any statute or case showing this: dwidude(dot)com/BWI(dot)htm(dot)

I think the "50 hoursepower" rule quoted above must be a misleading quote. I think it must be a situation where the penalty is elevated if you have a >50hp boat.

Good luck everyone, and watchout for me and my rowboat.