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BOATING UNDER THE INFLUENCE (BUI)
Every boater needs to understand the risks of boating under the influence of a lcohol or drugs (BUI). It is illegal to operate a boat while under the influence of alcohol or drugs in every state. This law pertains to most boats, from sailboats to the largest cruisers.
Alcohol Effects
Alcohol affects judgment, vision, balance and coordination. It increases the likelihood of accidents. The effect of alcohol is even more hazardous on the water than on land. The motion, vibration, engine noise, sun, wind and spray of the boat accelerate a drinker's impairment.
The effect of alcohol can also be more dangerous to boaters. Boat operators
are often less experienced and less confident on the water than on the highway.
Recreational boaters don't have the benefit of experiencing daily boat
operation. In fact, boaters average only 18 days (average of 6 hours/outing) on
the water per year.
Alcohol creates a physical sensation of warmth that may prevent a person in
cold water from getting out before hypothermia sets in.
Passengers are also at greatly increased risk for injury and death -
especially if they are also using alcohol.
Enforcement and Penalties
You are considered to be BUI if you have a 0.08% Blood Alcohol Content (BAC)
or higher All states and federal laws carry stringent penalties for violating
BUI laws. Penalties can include large fines, suspension or revocation of boat
operator privileges, and jail terms. The Coast Guard and the states cooperate
fully in enforcement in order to remove impaired boat operators from the waters.
In waters that are overseen solely by the states, the states have the
authority to enforce state BUI statutes. If found operating in concurrent
jurisdiction waters by the USCG, the USCG will (unless precluded by state law)
request that state law enforcement officers take the intoxicated boater into
custody.
If the USCG determines an operator is impaired, the voyage may be terminated
(stopped) and the boat towed to the nearest safe mooring. The operator may be
released if there is a competent and non-intoxicated person on board the
recreational vessel. The operator may be arrested, detained until sober, or
turned over to state or local authorities.
Zero Tolerance
No person under the age of 21 may have a measurable blood alcohol concentration (0.02% or higher), or be under the influence of alcohol and/or drugs to a degree which impairs his or her ability to safely operate a boat.
Implied Consent
In some states, the fact that you are operating a boat implies that you consent to be tested for the presence of alcohol, drugs or other intoxicating substances if requested by a law enforcement officer. Any person refusing to submit to testing for the presence of alcohol, drugs or other intoxicating substances may lose his or her privilege to operate a boat.
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