Can you get a DWI for drinking while tubing in Texas?

It’s officially summertime, and that means people all over Texas are packing up the ice chest, grabbing a couple of floats and heading out to the river. 

While it’s perfectly legal in many parts of Texas to go tubing with a drink in your hand — glass containers not withstanding — some rivergoers may be surprised to learn that alcohol and a day spent on the river can still carry legal consequences under certain circumstances. 

But does that mean you’re risking a Driving While Intoxicated (DWI) charge when you drink an adult beverage on the water? 

Whether you’re enjoying some time out on the Guadalupe, Comal or Frio rivers, the answer may depend on what type of device you’re floating on. 

According to Chapter 49 of the Texas Penal Code, a person risks being charged with a DWI when they operate a motor vehicle in a public place while over the legal limit of .08 for intoxication. 

When out on the water, the same chapter of Texas code defines statutes for boating intoxication offenses on “watercraft,” but excludes devices propelled “only by the current of water,” which, in most cases, covers river floats.  

Generally, no, you cannot get a DWI while tubing in Texas, since floating in traditional inner tubes is not considered operating a motorized vehicle and does not fall under Texas DWI law. 

However, that does not mean river tubing is risk-free from law enforcement or legal consequences. You can still be ticketed for offenses such as public intoxication and even some intoxicated assault charges if your behavior poses a danger to others. 

What about boating while intoxicated laws, motorized floats and other legal risks? 

Even though you likely won’t face a DWI charge for drinking while floating in Texas rivers, you can still face risks when operating other non-motorized watercraft while intoxicated. Under Texas Code 49.06, a person commits an offense if they are intoxicated while operating a watercraft propelled by forces other than the current of the water.

That means the Lone Star State’s Boating While Intoxicated laws apply to boats, kayaks, and canoes, and may also cover motorized river floats. In those situations, you may face criminal charges similar to a DWI.