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.

State Laws

In any criminal prosecution for a violation of the BUI laws, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:

• If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of intoxicating liquor;
  
• If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;
  
• If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of intoxicating liquor.

Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeters of whole blood or 2100 cubic centimeters of deep lung breath.

Operation Of Boat On Public Waters

The person, operating a boat underway which has been involved in a collision or an accident resulting in bodily injury or death to any person or property damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident, shall submit to the withdrawal of blood or other bodily substance for chemical analysis or chemical analysis of the person's breath. The officer shall advise the person of the right to have an additional chemical analysis performed by a technician of his or her own choosing at his or her own expense.
Any other person, operating a boat underway which has not been involved in a collision or an accident resulting in bodily injury or death to any person or property damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident, shall be requested by the officer to submit to the withdrawal of blood or other bodily substance for chemical analysis or chemical analysis of his or her breath. The officer shall advise the person that:

• If he or she refuses to submit to the withdrawal or chemical analysis, no withdrawal or chemical analysis may be required;
• Such refusal is admissible into evidence at trial; and
• That he or she has the right to have an additional chemical analysis performed by a technician of his or her own choosing at his or her own expense.