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
A boater is considered to be Boating Under the Influence (BUI) if they have a 0.08% Blood Alcohol Content (BAC) or higher while operating a boat in Massachusetts.
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.
Penalties for BUI in Massachusetts
First time conviction of BUI:
- may be imprisoned for up to 30 months, and fined up to $1,000 or both. Offenders may also have motor vehicle license and vessel's registration revoked for up to one year.
- If convicted of BUI and causing serious bodily injury to another person - may be imprisoned for up to 10 years and fined up to $5,000.
- It is illegal for the owner/operator of a vessel to knowingly permit a person under the influence of alcohol or any controlled substance to operated the vessel
Alcoholic Beverage Prohibition
No person or persons on any vessel, raft, tube or other means of transportation upon the waters of the Deerfield River starting from a point southerly from Dam #5 in Monroe/Rowe, MA and continuing along until concluding at Dam #4 in Charlemont/Buckland, MA, shall be in possession of, consume or transport any alcoholic beverage.
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