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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. |
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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
No person shall operate or attempt to operate any vessel within Kansas for three months after the date of refusal of submitting to a test.
In addition to any other penalties prescribed by law or rule and regulation, any person convicted of BUI will be required to satisfactorily complete a boater safety education course before operating any vessel.
It is illegal for the owner or operator of a motorboat or sailboat in Kansas to knowingly permit the vessel to be operated by someone under the influence of alcohol, a controlled substance, or any other drug or combination that renders that person incapable of operating safely.
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.
A person less than 21 years of age who submits to a breath or blood alcohol test and produces a test result of an alcohol concentration of .02 or greater but less than .08 will have boating privileges suspended for 30 days upon the first occurrence and upon a second or subsequent occurrence boating privileges are suspended for 90 days.
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