Boating Under the Influence: The Basics

Operating a boat while intoxicated is a criminal offense that carries similar weight to drunk driving convictions. In this article, we’ll explain how BUI charges differ from a DUI charge in a motor vehicle and the potential penalties.

If you are facing BUI charges or any other impaired driving charge, contact an experienced DUI defense attorney. They can evaluate your case for potential defenses and help protect your rights.

Understanding Boating Under the Influence

According to the U.S. Coast Guard, alcohol is involved in about a third of all recreational boating fatalities. In response, all states have laws against boating under the influence (BUI). Also known as boating while intoxicated (BWI), it is a criminal offense that occurs when a person operates any watercraft while intoxicated or impaired by alcohol or drugs.

Similar to driving under the influence (DUI) on land, BUI state laws establish the legal limit for blood alcohol concentration. The laws also provide law enforcement officials the authority to stop, test, and arrest boat operators impaired by alcohol or drugs.

Whether you operate a fishing boat, sailboat, personal watercraft, or sailboard, you risk a BUI charge. Different factors can affect a boat operator’s physical and mental abilities while on the water. These include:

• Heat

• Sun

• Increased noise

• Wind

• Glare from the water

• Increased risk of dehydration

• Motion of a boat

All this can create what’s often referred to as”boater’s fatigue.”These factors can increase the effects of alcohol, making boating, swimming, and using other watercraft more dangerous. In some instances, it can even lead to serious boating accidents. Criminal and civil laws discourage operating a boat or watercraft while drunk or under the influence of controlled substances.

Boating Under the Influence (BUI) v. Driving Under the Influence (DUI)

The laws for BUI closely mirror DUI laws. Both of these offenses involve operating a vehicle while impaired by alcohol or controlled substances. Law enforcement officials often use similar detection methods when they encounter a person boating under the influence.

For instance, they may use breathalyzers to test a person’s sobriety or chemical tests. Both of these offenses can result in criminal penalties, fines, and suspension of a boating or driver’s license.

In most states, the same blood alcohol concentration (BAC) limit of 0.08% applies to both land and water vehicles. Implied consent laws require the driver or operator of the vehicle to submit to testing.

One of the most significant differences between BUI and DUI is how officers detect alcohol impairment. The traditional roadway sobriety test, which relies on balance and coordination, can be unreliable on unstable watercraft. This led to the development of a specific testing protocol for water vessels.

The seated battery of standardized field sobriety tests addresses the challenge presented by water conditions. It provides officers with tools specifically meant for the water environment that do not exist in road DUI tests.

When Does Drinking While Boating Become a BUI?

State laws provide for a per se BUI offense, much like a DUI or DWI charge. A person can typically face arrest when operating a boat or other watercraft with a blood alcohol concentration (BAC) of 0.08% and above.

However, some state laws may provide a different BAC level for BUI. For instance, North Dakota’s per se BUI applies when a person’s blood alcohol content is 0.10% or higher.

At least 29 states also have additional BUI laws relating to minors. Some state laws make any amount of alcohol in a minor’s blood a per se BUI offense, similar to zero-tolerance DUI laws.

These laws are not limited to motorboats. They can include other watercraft and vessels, such as:

• Water skis

• Jet skis

• Kayaks

• Paddleboats

• Hydroplanes

• Diver propulsion vehicles

Recently, more states have also begun to add per se legal limits of delta-9-tetrahydrocannabinol (THC) in the blood. THC is the intoxicating chemical in marijuana and cannabis products. These limits can range from 2 to 5 nanograms per milliliter of whole blood.

Can You Get a BUI/BWI on a Kayak or Canoe?

It depends on your state law. However, in many jurisdictions, you can face BUI charges if you are operating a kayak, canoe, or other human-powered watercraft.

The vessels covered by BUI laws may vary in each state. Some state laws explicitly include all human-powered craft.

For instance, in New Hampshire, BUI law applies not only to motorboats but also to other types of watercraft that can be used for transportation. Under this definition, kayaks, canoes, and even paddleboards can face the same charges as other boat operators.

Some laws include other watercraft and vessels, such as jet skis and water skis. Meanwhile, other states exempt human-powered vessels. For example, Delaware’s state law exempts vessels moved by human power. This means that kayaks, canoes, surfboards, and paddleboats are not covered by BUI laws.

It is important to note that the BUI liability continues to evolve as the technology of watercraft evolves. Due to varying state laws, it is crucial to contact a BUI attorney if you have legal issues or questions related to drunk boating.

Who Conducts BUI Arrests?

The officers conducting BUI arrests vary depending on the location and the body of water in which you operate your vessel. In general, the U.S. Coast Guard is primarily responsible for enforcing BUI laws on federal waters. This includes anything more than three miles offshore on an ocean coast.

For state-controlled waters, BUI enforcement falls on varying agencies.

For example, in Georgia, the government agency that enforces these laws is the Georgia Department of Natural Resources (DNR). The officers are known as game wardens or conservation rangers. They patrol the state’s waterways and enforce BUI laws.

Similarly, in Texas, Game Wardens from the Texas Parks and Wildlife Department (TPWD) are responsible for enforcing BUI laws within the state. They conduct regular patrols and coordinate enforcement campaigns against boating while under the influence of alcohol or controlled substances.

In Florida, various agencies enforce BUI laws and patrol waterways. These agencies include the Florida Fish and Wildlife Conservation Commission (FWC), together with other law enforcement partners.

Due to the varying law enforcement agencies across different states, it is crucial to consult an attorney experienced with maritime laws. They can help you understand the legal consequences of BUI charges and protect your rights under applicable laws.

How Do People Get Caught Boating Under the Influence?

The U.S. Coast Guard has developed various detection methods that differ from DUI roadway enforcement. Local law enforcement uses these methods to determine whether someone is boating while impaired.

Seated Battery of Standardized Field Sobriety Tests

Traditional field sobriety tests primarily focus on a person’s balance, which, of course, can be unreliable on a moving vessel. Having someone stand on one leg or perform a walk-and-turn after being on the water for several hours isn’t an effective measure of their balance, even if they’re taken to shore to perform the test.

Instead, the U.S. Coast Guard and the National Association of State Boating Law Administrators (NASBLA) developed a seated battery of standardized field sobriety tests. This test addresses the challenges officers face when testing boat operators suspected of BUI.

The seated battery of tests starts with the horizontal gaze nystagmus test. This is the same eye movement test you’d encounter during a DUI traffic stop. Then the officer will ask the boat operator to tilt their head back, close their eyes, and touch their index finger to the tip of their nose.

Other seated sobriety tests for boating focus on hand coordination and the ability to remember an officer’s instructions.

Chemical Breath Testing

Law enforcement agencies often use a two-stage approach for breath testing in BUI cases, similar to DUI enforcement on land.

Officers often have to use portable handheld breath testing devices during the initial stop. These preliminary breath test devices provide a quick reading of blood alcohol content (BAC) to establish probable cause for arrest. However, the results of this initial test are generally inadmissible in court as primary evidence.

After arrest, officers transport suspected BUI offenders to a shore-based facility. Here, officers use more sophisticated, NHTSA-approved evidential breath testing instruments to assess their BAC levels.

For instance, the Coast Guard Station in Miami uses an Intoxilizer 8000. Meanwhile, other jurisdictions use devices like the Alcotest series, Intoximeter, or other models. This chemical breath testing device is a larger, calibrated instrument that provides more accurate readings. The result of this test is admissible in court and significantly improves the reliability of BUI breath test results.

The two-stage process often allows law enforcement officers to conduct an initial screening of water. Then, to ensure that the results meet an evidentiary standard, they conduct another test on land using a more sophisticated device.

Implied Consent to Alcohol Testing

Most state laws assume implied consent to blood alcohol level testing from boat operators. A person operating a boat within the state’s jurisdiction is deemed to have impliedly consented to the state’s alcohol or drug testing requirement. These states penalize those who refuse to undergo testing.

For instance, in New Hampshire, a person who refuses to undergo an alcohol or drug test could experience suspension of boating privileges for 6 months or two years if the person has a prior history of DUI or BUI. On the other hand, a few state laws do not presume mandatory consent.

BUI Checkpoints

Law enforcement officials may also set up BUI checkpoints on the water, like roadside DUI checkpoints. At a checkpoint, law enforcement can conduct random checks for impairment. They might stop every boat that comes through, or have a set pattern, such as every three boats.

During certain holidays or over the weekend, law enforcement officers are also on patrol more frequently, as intoxicated operators are more prevalent during these times.

Are BUI Penalties as Severe as DUI Consequences?

The severity of BUI penalties compared to DUI charges depends mainly on the state law under which you were charged. Each state handles these offenses differently. Some jurisdictions apply similar penalty structures to both BUI and DUI. Meanwhile, others maintain an entirely separate set of laws.

For first-time offenders, state laws often charge both BUI and DUI as misdemeanors. It often comes with punishments of a small fine, a jail sentence, probation, suspension of boating privileges, or mandatory enrollment in a boating safety course. However, the way that these convictions affect your license creates crucial distinctions.

In most states, BUI and DUI offenses can impact each other. What this means is that a boating violation may sometimes affect your driving privileges and vice versa. There are multiple states, including Indiana and Utah, that specifically mention that a BUI conviction triggers the impound of the boat and suspension of a driver’s license. Most states also have legal frameworks to enhance the severity of the punishments for repeat offenders.

Charged With Boating Under the Influence? Get Legal Help

If you are charged with boating under the influence, seek legal advice from a DUI defense attorney specializing in boating-related offenses. A criminal defense attorney knowledgeable about DUI and BUI cases can help you know your rights and legal defenses to charges for boating while drunk. If you have specific questions about your case or need representation, contact an experienced DUI attorney near you.