Operating a boat in Texas while intoxicated

• A. You may be released without testing if cooperation is shown.
• B. You have consented to be tested for alcohol or drugs if arrested by law enforcement official.
• C. You must always keep the engine off.
• D. You are exempt from enforcement if you stay near shore.

Answer: (B)

Texas uses implied consent for chemical testing when a boat operator is arrested for operating a watercraft while intoxicated. Once law enforcement arrests you for BWI, you are considered to have given consent to be tested for alcohol or drugs, with the test being a breath, blood, or urine sample. Refusing to take the test can lead to penalties, including suspension of boating privileges and potential further charges, because the purpose is to determine intoxication to protect safety on the waterways. Cooperating in the moment doesn’t remove the legal requirement to submit to testing. The idea that you must keep the engine off or that you’re exempt near shore isn’t correct.