Boating under the influence of alcohol or drugs (BUI), also known as “boating while intoxicated” (BWI), is illegal in every state. Though the specifics of these laws vary by state, the penalties for a BUI conviction are often the same as those for driving a vehicle under the influence of alcohol or drugs (DUI). This article covers the basics of BUI laws and consequences.
BUI laws vary by state, but generally, a person commits a BUI offense by operating or being in physical control of a boat or watercraft while:
BAC limits. In most states, a person commits a BUI by boating with a BAC of .08% or more. However, a couple of states have a higher BAC limit of .1% or more. And in some states, the .08% BAC applies only to recreational boating, while a person operating a commercial boat can get a BUI with a BAC of .04% or more. (Get an estimate of how many drinks it takes to reach a certain BAC level.)
“Under the influence.” Another way a person can be convicted of a BUI is to be under the influence of alcohol or drugs to a certain degree while operating a boat. States define “under the influence” differently. But in most states, under the influence means impaired by alcohol or drugs to an “appreciable degree” or to a degree rendering the person incapable of safely operating a boat.
Boats and watercraft. The BUI laws of most states apply to any vessel, including all watercraft, that’s used or is capable of being used as a means of transportation on water. Typically, the definition includes motorboats, sailboats, and jet skis.
Some states have more inclusive laws that allow for a person who is waterskiing, knee boarding, parasailing, or participating in any activity where the person is towed by a boat while under the influence of alcohol or drugs to be convicted of a BUI.
“Operating” or “being in physical control.” In most states, to be convicted of a BUI, the offender must be operating or be in physical control of the boat. In states that require operation of a boat as an element of a BUI offense, “operating” usually doesn’t include when the boat is anchored or docked. However, in states that require just “physical control,” it’s possible to get a BUI even if the boat is anchored or docked.
A first BUI conviction is a misdemeanor in most states. The penalties for a BUI conviction are generally similar to or the same as the penalties for a motor vehicle DUI. Usually, the consequences will depend on the circumstances of the case and whether the offender has prior BUI or DUI convictions.
Potential penalties may include: fines, jail time, community service work, probation, substance abuse evaluation and treatment, suspension of boater’s license, and impoundment of the offender’s boat. Many states also require BUI offenders to complete a boating safety course.
Penalties are often more severe if a BUI offender:
Generally, having a minor passenger, a high BAC, or two or less prior BUI or DUI convictions will result in additional jail time, fines, community service, probation, and/or license suspension time. However, it’s typically a felony if a BUI offender causes or contributes to an accident that resulted in injury or death to another person. In such a circumstance, the BUI offender may also be charged with additional offenses such as assault or manslaughter.
