Boating Under the Influence (BUI)

Boating under the influence of alcohol or drugs is just as much against the law as it is to operate a vehicle while intoxicated.  It is illegal to operate any vessel or vehicle while intoxicated.  Each state has its own set of laws concerning boating under the influence, including their Legal BAC Limit.  BAC levels for BUI vary in different states but for the most part, it is either .08% or .10 %.  The U.S. Coast Guard (USCG) is also responsible for applying federal BUI laws to anyone caught boating under the influence regardless of the size of the watercraft.

The USCG compiled this list of how Boating Under the Influence can affect a person:

• Your vision is impaired specifically your focus, peripheral vision, night vision, and ability to distinguish colors most notable red and green.
• Your inner ear can be disturbed creating a danger should you fall in the water because you will not be able to distinguish between up and down.
• A physical sensation of warmth can make you more susceptible to hypothermia.
• Alcohol diminishes your judgment and cognitive abilities.
• It is easier to lose your balance and coordination.
• Alcohol slows your reaction time and reflexes.

USCG boating safety statistics (2006):

• 758 boating fatalities
• 2,181 non-fatal hospital-admitted boating injuries
• 30,000 or more non-fatal non-admitted boating injuries
• 21% of vehicle accidents involving injury, as well as 48% of accidents involving property damage only, were not reported
• At least 23% of fatalities and 9% of non-fatal injuries resulted from accidents in which alcohol/drugs was a contributing factor

According to the USCG, drinking on a boat causes the boat operator become impaired more quickly than a driver of a motor vehicle who consumes the same amount of alcohol.  Alcohol is involved in about one-third of all boating fatalities.

Some states, including Virginia, Pennsylvania, and Texas, have penalties that include imprisonment, fines, and loss of boating privileges for violating the boating under the influence laws.  Tests to determine BAC levels can be performed on breath, blood, or urine samples.  Not all jurisdictions apply the same test.

If you operate a vessel on the waterways of most states, you are automatically considered to have given consent to be tested for alcohol and/or any mind-altering substances.  Refusal to submit to such tests will generally result in the loss of boating privileges in addition to any other consequences required by law, which may include enrollment in a Boating Safety Course.

Have you or someone you know been charged with boating under the influence of alcohol or drugs? If so, contact one of our experienced BUI attorneys in your area today!

Updated: JV

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Have you or someone you know been charged with boating under the influence of alcohol or drugs? If so, contact one of our experienced BUI attorneys in your area today!