BOATING WHILE INTOXICATED 2ND
Boating While Intoxicated 2ND in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “BOATING WHILE INTOXICATED 2ND” means
This charge is boating while intoxicated, second offense — an offense under Texas Penal Code § 49.06 enhanced by Texas Penal Code § 49.09(a). For the underlying offense the State must prove that the defendant was intoxicated while operating a watercraft. "Intoxicated," defined by Texas Penal Code § 49.01, means either not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more. The enhancement under § 49.09(a) requires proof that the defendant was previously convicted one time of an offense relating to operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated; the prior conviction raises the offense from a Class B to a Class A misdemeanor.
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| Class A misdemeanor | 100% | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for BOATING WHILE INTOXICATED 2ND in Texas
Across 511 Texas bail settings for this charge (2 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,000 (middle half: $2,000 – $5,000). 18% of defendants were released on a personal bond, and bail was denied in 5 cases. When this was the only charge at booking (342 records), the median was $3,000 and 24% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Harris | 80 | $5,000 | $1,250 – $5,000 | 81% | 0% |
| Dallas | 35 | $2,000 | $1,000 – $4,250 | 0% | 0% |
Showing the 2 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Recent BOATING WHILE INTOXICATED 2ND cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 251513401010 | Harris | Jun 15, 2024 | Aug 6, 2025 | Dismissed by the prosecutor |
| CR-2024-04275-C | Denton | Jun 24, 2024 | Aug 5, 2024 | Dismissed by the prosecutor |
| 2023CR1037 | Comal | Nov 30, 2023 | Apr 10, 2024 | Guilty or no-contest plea |
| 2023CR0302 | Comal | Apr 25, 2023 | Oct 10, 2023 | Guilty or no-contest plea |
| 2022CR0394 | Comal | Jun 22, 2022 | Jul 10, 2023 | Guilty or no-contest plea |
| MD-0406981 | Galveston | Aug 11, 2022 | Feb 15, 2023 | Guilty or no-contest plea |
| CR-2021-00160-A | Denton | Jan 15, 2021 | Aug 9, 2021 | Guilty or no-contest plea |
| CR-2020-02231-D | Denton | May 26, 2020 | Jul 20, 2021 | Guilty or no-contest plea |
| 20-10-12597 | Montgomery | Oct 14, 2020 | Apr 6, 2021 | Guilty or no-contest plea |
| 002-87216-2020 | Collin | Nov 17, 2020 | Jan 28, 2021 | Guilty or no-contest plea |
Related charges
- DRIVING WHILE INTOXICATED 2ND § 49.09(a)
- DRIVING WHILE INTOXICATED 3RD OR MORE IAT § 49.09(b)
Charged with BOATING WHILE INTOXICATED 2ND?
Find Texas criminal defense attorneys with verified case histories in your county.
Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.