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.

Passengers are also at greatly increased risk for injury and death - especially if they are also using alcohol.

• It is unlawful for a person who is under the influence of intoxicating liquor to operate a motorboat.   
• It is unlawful for a person who is under the influence of any drug to a degree that renders him incapable of safely operating a motorboat to operate a motorboat.   
• It is unlawful for a person who has an alcohol concentration of eight one hundredths or more in his blood or breath (.08 BAC) to operate a motorboat.   
• Aggravated boating while under the influence of intoxicating liquor or drugs consists of a person who:   
  • has an alcohol concentration of sixteen one hundredths or more in his blood or breath (.16 BAC) while operating a motorboat;  
  • has caused bodily injury to a human being as a result of the unlawful operation of a motorboat while under the influence of intoxicating liquor or drugs; or   
  • refused to submit to chemical testing, as provided for in the Boating While Intoxicated Act and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs

A person who operates a motorboat in this state and who is involved in a fatal boating incident shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act to mandatory chemical tests of his blood or breath or both, as determined by a law enforcement officer and approved by the scientific laboratory division of the department of health. 

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

A person who operates a motorboat within this state shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to chemical tests of his blood or breath or both, as determined by a law enforcement officer, or for the purposes of determining the drug or alcohol content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating a motorboat while under the influence of an intoxicating liquor or drug.