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.

Definitions

The following words and phrases shall have the meanings ascribed to them in this section, unless the context shall indicate another or different meaning or intent:

• "Chemical test" means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol or a controlled substance.
• "Controlled substance" means a drug, substance, or immediate precursor in schedules I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.
• "Intoxicated" means under the influence of alcohol, a controlled substance, any drug other than alcohol or a controlled substance, or any combination of alcohol, controlled substance, or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.
• "Law enforcement officer" means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state and shall include conservation officers employed by the DEM.
• "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was eight hundredths percent (.08%), or more, by weight of alcohol in the person's blood.
• "Relevant evidence" includes evidence that at the time of the alleged violation there was at least five hundredths percent (.05%) but less than, eight hundredths percent (.08%) by weight of alcohol in the person's blood.
• "Watercraft" means a device for transportation by water.

Violations by intoxicated watercraft operators

Whoever operates a watercraft while intoxicated or after he or she has been ordered not to operate a watercraft shall be guilty of a violation, a misdemeanor or felony and punished as set forth in this section.

• Any person who operates a watercraft while intoxicated and while so operating causes the death or serious bodily injury to another person or has been convicted of a second and subsequent offense under this chapter shall be guilty of a felony punishable by a fine of up to five thousand ($5000) dollars and or up to five (5) years in jail or both.
• Any person charged under subsection (a) of this section whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section.
• This provision shall not preclude a conviction based on other admissible evidence.
• Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance, or any combination thereof, to a degree which rendered such person incapable of safely operating a watercraft.
• The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
• Whoever operates any watercraft in waters over which this state has jurisdiction with a blood presence of any scheduled controlled substance, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor.
• Whoever operates or otherwise drives any watercraft in the state while under the influence of any intoxicating liquor shall be found to have committed a civil violation for a first offense if his or her blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight but less than one-tenth of one percent (.1%) and shall be guilty of a misdemeanor for a second offense.

First violation - .08 - .10 BAC

Every person found to have violated subdivision (c)(1) for a first violation whose blood alcohol level is eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight may be subject to a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), may be required to perform ten (10) to sixty (60) hours of public community restitution, may be required to attend a special course on operating a watercraft while intoxicated or under the influence of a controlled substance that meets the standards as set forth by the national association of state boating law administrators and/or any other DEM endorsed boating safety course, and his or her right to operate a watercraft shall be suspended for up to forty-five (45) days.

First violation - .10 - .15 BAC

Every person convicted of a first violation whose blood alcohol level is one-tenth of one percent (.1%) by weight or greater but less than fifteen hundredths of one percent (.15%) shall be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on operating a watercraft while intoxicated or under the influence of a controlled substance that meets the standards as set forth by the national association of state boating law administrators and/or any other DEM endorsed boating safety course, and/or alcoholic or drug treatment for the individual.

First offense – Greater than .15 BAC

Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or more shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on operating a watercraft while intoxicated or under the influence of a controlled substance that meets the standards as set forth by the national association of state boating law administrators and/or any other DEM endorsed boating safety course, and/or alcohol or drug treatment for the individual.

Second violation – 5 year rule

Every person convicted of a second violation within a five (5) year period with a blood alcohol level of eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) and every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's right to operate a watercraft shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge may require alcohol or drug treatment for the individual.

Chemical tests for intoxication

Any person who operates a watercraft in waters over which this state has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a watercraft in this state. If a person refuses to submit to a chemical test under this chapter, the district court shall order the person not to operate a watercraft for at least one year and shall impose a monetary fine of not less than three hundred dollars ($300).

A law enforcement officer having probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person violated this chapter. A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter.

If the chemical test results in relevant evidence, he or she may be arrested for an offense. If the chemical test results in prima facie evidence that the person is intoxicated, he or she shall be arrested for an offense under this chapter.

• Any person who refuses to submit to a chemical test may be arrested for an offense under this chapter.
• A person's refusal to submit to a chemical test is inadmissible into evidence as to intoxication, but may be used as evidence of refusal.