BOATING WHILE INTOXICATED 2NDTexas Penal Code (PC) § 49.09(a)
“BOATING WHILE INTOXICATED 2ND” stands for Boating While Intoxicated, 2nd Offense, a Class A misdemeanor under Texas Penal Code (PC) § 49.09(a). It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “BOATING WHILE INTOXICATED 2ND” mean?
“BOATING WHILE INTOXICATED 2ND” stands for Boating While Intoxicated, 2nd Offense, a Class A misdemeanor under Texas PC § 49.09(a).
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.
How did real BOATING WHILE INTOXICATED 2ND cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Ended in a conviction
What is the punishment for Boating While Intoxicated, 2nd Offense in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | 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.
How much is bail for BOATING WHILE INTOXICATED 2ND in Texas?
The median bail is $3,000, and 18% of defendants were released on a personal bond.
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.
Charged with BOATING WHILE INTOXICATED 2ND?
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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.