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. The Mississippi Alcohol Boating Safety Act prohibits anyone from boating while intoxicated—that is, operating a vessel powered by a motor of 25 horsepower or greater or a personal watercraft while intoxicated due to alcohol or any combination of alcohol, controlled substance or drugs

Intoxication

No person shall operate any motorboat or vessel or manipulate any water ski, surfboard, or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana.

It shall be unlawful for the owner of any watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana.

Incapacity Of Operator

It shall be unlawful for the owner of any watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such watercraft under the prevailing circumstances.

Is a criminal offense punishable by fine, imprisonment and/or loss of privilege to operate a boat under the influence. A blood alcohol content of 0.10% or greater presumes intoxication.

The Alcohol Boating Safety Act makes it unlawful to operate a watercraft on the public waters of the State of Mississippi while under the influence of intoxicating liquor or any other substance which has impaired the person’s ability to operate a watercraft.

As a condition of operating a watercraft on the public waters of this state, the person operating the watercraft is deemed to have given consent to testing for the purpose of determining the alcoholic content of his blood.

Penalties for conviction under this law are:

1. First conviction - Fine no less than $250.00 nor more than $1,000.00, or imprisonment in jail for not more than 24 hours or both. Violator must complete a boating safety course.
2. Second conviction (within a five-year period) - Fine no less than $600.00 nor more than $1,000.00; and imprisonment not less than 48 consecutive hours nor more than one year or community service work for not less than ten days nor more than one year. Court shall order violator not to operate a watercraft for one year.
3. Third conviction (within a five-year period) - Fine no less than $800.00 nor more than $1,000.00; and imprisonment not less than thirty days nor more than one year. Court shall order violator not to operate a watercraft for two years.
4. Conviction of a fourth or subsequent violation (within a five-year period) is a FELONY OFFENSE. Fine no less than $2,000.00 nor more than $5,000.00; and imprisonment in the state penitentiary for not less than ninety days nor more than five years. Court shall order violator not to operate a watercraft for three years.

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.

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.