The law in Texas states that a person may stop and board a boat WITHOUT
probable cause or reasonable suspicion. Section 31.124 of the Texas Parks
and Wildlife Code, states that "in order to enforce the provisions
of this chapter, an enforcement may stop and board any vessel subject
to this chapter and may inspect the boat to determine compliance with
applicable provisions." Chapter 31 entitled Water Safety mandates
that boats carry a certificate of number, the proper lights, a whistle
or bell, life preserves, fire extinguishers, a flame arrestor, ventilators,
a muffler, and rearview mirror.
Several years ago, the Texas Court of Criminal Appeals upheld the validity
of this law. Thus, an officer, under the guise of what is in effect an
administrative check, can board your boat. Once upon the boat, the officer
then must establish that he or she had reasonable suspicion to investigate
the driver of the boat for being intoxicated.
If you have been arrested for boating while intoxicated, contact a
Plano boating while intoxicated attorney.