Transportation Code · §49.06

DWI Offenses

DWI Offenses is covered under §49.06 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Operates watercraft on public water; While intoxicated; Class B misdemeanor (default); enhancements parallel DWI.

Elements you must prove

  • Operates watercraft on public water
  • While intoxicated
  • Class B misdemeanor (default); enhancements parallel DWI

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Worked examples

Worked example 1

Boating While Intoxicated (BWI) under Penal Code §49.06 is generally what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor Correct
  3. Class A misdemeanor
  4. State jail felony
Why: BWI is a Class B misdemeanor (mirroring DWI 1st). 2+ priors elevate to a 3rd degree felony like DWI 3rd.
Statute: Tex. Penal Code §49.06