BOATING UNDER THE INFLUENCE (BUI)

Every boater needs to understand the risks of boating under the influence of alcohol 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.

BOATING UNDER THE INFLUENCE

It is illegal to operate a motorboat or a personal watercraft while intoxicated due to alcohol or any combination of alcohol, controlled substance, or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slow reaction time. Owners should not allow anyone intoxicated or impaired to operate their boats or PWC’s. Indiana law defines intoxication as having a blood alcohol level of 0.08% or greater, or being under the influence of alcohol and/or drugs such that a person’s thoughts and actions are impaired and he or she has a loss of normal control of faculties to such an extent as to cause danger to others. You may also be arrested if your blood alcohol level is less than 0.08% but over 0.05%.

If arrested and convicted of boating while intoxicated:

• You will face the penalties of a Class C misdemeanor. In addition, if this is your first offense or the first in 10 years, you may lose all your driving privileges (motor boat and motor vehicle) for at least 90 days and up to two years.
• If you are convicted a second time within five years, you may be fined and jailed, and lose the privilege to operate a vehicle, boat, or PWC for 180 days and up to two years. More severe penalties exist for additional convictions.

A person boating while intoxicated who causes the death or serious injury of another person will, upon conviction, be guilty of a felony.

By operating a boat or PWC on Indiana waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse to be tested, you will be subject to arrest and punishment consistent with the penalties described above and lose your privilege to operate a vessel for at least one year.

MANDATORY VIOLATOR EDUCATION

If a person's Indiana driver's license is suspended, the court that recommends the suspension of the person's driver's license may require the person, as a prerequisite to the ending of the suspension, to successfully complete a boating education course approved by the Department of Natural Resources.