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 ALL boats.

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.

Enforcement and Penalties

Operation of a vessel while under the influence of alcohol or drugs
Definitions.
"vessel" shall be every description of watercraft or other artificial contrivance propelled in whole or in part by mechanical power and, which is used or capable of being used as a means of transportation over water, and which is underway and not at anchor or made fast to the shore or ground. The term "vessel" shall include a "public vessel" as defined herein unless otherwise specified.
"waters of the state" means all of the waterways or bodies of water located within New York state or that part of any body of water which is adjacent to New York state over which the state has territorial jurisdiction, on which a vessel or public vessel may be used or operated, including Nassau and Suffolk counties.

Illegal Operation

• It is illegal to operate a vessel while impaired by the consumption of alcohol or use of a drug.
• It is illegal to operate a vessel other than a public vessel while at or above .08 of one per centum or more by weight of alcohol in blood, breath, urine, or saliva.

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.

Implied Consent

The fact that you are operating a boat implies that you consent to a breath test to detect the presence of alcohol if requested by a law enforcement officer.

Any person refusing to submit to a chemical test, at the request of a police officer, for the presence of alcohol, drugs or other intoxicating substances may lose his or her privilege to operate a boat.