. 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.
The law defines “watercraft” as “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.” (Tex. Penal Code Ann. § 49.01(4) (2016).) A person can be convicted of boating while intoxicated (BWI), sometimes called boating under the influence (BUI), for operating a vessel while:
impaired by drugs or alcohol so as not to have “normal use of mental or physical faculties,” or
having a blood, breath, or urine alcohol concentration (BAC) of .08% or greater.
The chapter doesn't define 'operation' just as under the dwi statute it is not defined. There is no clear cut precedent that defines or demonstrates what operation is. This is where you find wiggle room should there be any.
There can be multiple persons in operation of the watercraft, and each person in operation can get a B.U.I. Example:You have 4 people on a boat drinking. 1st person either turns the steering wheel or trims the motor up or down (motor off). 2nd person is running a trolling motor. 3rd person is just sitting there chugging alcohol. 4th person is swishing the water with a paddle. The officer is going to right a B.U.I. for persons 1,2,& 4.