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Yes, You Can Get In Trouble For Boating While Intoxicated

5 November 2015

Alexis Garcia

Many people think nothing about drinking a few beers while boating on lakes and bays. However, just like driving while intoxicated is a criminal offense, boating while under the influence of drugs or alcohol can also get you in trouble with the law. Here's more info on how states handle boating while intoxicated offenses and the type of consequences you may face if you're caught driving a boat while drunk or high.

About BWIs

Every state handles boating while intoxicated (BWI) differently. Some states have laws that specifically address boating and drinking, while others fold intoxicated boating under a general operating while intoxicated/operating under the influence (OWI/OUI) category. In very few states, boating and drinking is not a crime at all.

Because of the different ways BWIs are handled, what may lead to an arrest by the marine police or state gaming and fishing officers in one area may only result in a warning in another. For instance, in Iowa, the BAC limit for intoxicated boating is the same as the state's DWI limit, which is .08. However, the BAC limit for boating and drinking in Maine is .04. In some states, you can get in trouble for drinking and operating any type of watercraft, including jet skis. In others, the law only applies to watercraft of a certain size or type.

Lastly, while boaters may be held to the same level of responsibility as drivers on the roadways, they may not enjoy the same protection. For example, in Maryland, both the Coast Guard and the Maryland Natural Resources police department can stop and board your boat at any time for any reason and conduct sobriety tests. On the public roadways, however, police must have probable cause to stop your vehicle, and any evidence they collect about your alleged intoxication may be thrown out of court if the court finds they didn't have a valid reason to stop you.

Possible Consequences of BWIs

The consequences of being convicted of BWI also vary from state to state and depend a lot on whether the state requires boaters to obtain licenses to get on the water. In general, you may be assessed fines and sentenced to jail on your first conviction, and the penalties typically increase with each subsequent conviction. You could face a $2,000 fine and up to 180 days in jail if you're convicted of a first-time BWI in Texas, for example, while a second conviction comes with a $4,000 fine and an up to 1 year jail sentence.

In states that require a boating license, that license may be suspended for a period of time following a conviction. States that don't require licenses may cancel the person's boating registration instead (e.g., Massachusetts). In some places, the Department of Motor Vehicles will suspend the person's driver's license if the individual is convicted of a BWI, especially if tests show the person's BAC was over the legal limit or the individual refuses to submit to chemical testing. BWIs may also be treated the same way as DWIs for which if you are convicted of the offense a certain number of times your boating and/or driver's license be permanently revoked.

Fighting a BWI

According to the United States Coast Guard, intoxication was the root cause of 39 percent of fatal boating accidents in 2002. Therefore, it's understandable why many states treat intoxicated boating as seriously as DWIs.

At the same time, BWIs can lead to consequences that may have a severely negative impact on a person's life, such as preventing the individual from obtaining employment. People who are arrested for this crime should contact a BWI/DWI lawyer as soon as possible for additional reading on the matter and to begin developing a defense strategy that may help them successfully fight the charges. For more information about BWIs, contact an attorney near you.

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