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.

Enforcement and Penalties

Operating vessel with excessive blood alcohol content

• Utah law prohibits a person under the influence of alcohol or drugs to operate a boat. This is enforced in two ways: 1) if the person is under the influence of alcohol or any drug or the combined influence of alcohol and any drug to a degree, which renders the person incapable of safely operating a vessel; and/or, 2) Utah’s legal Blood Alcohol Concentration (BAC) level is .08 grams per liter. Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
• Conviction of Boating Under the Influence (BUI) may result in the loss of your motor vehicle driver license, a fine, mandatory jail sentence, community service work, and rehabilitation assessment.
• The operator of a motorboat may not have an open container of an alcoholic beverage while the boat is in operation.
• A person under age 21 may not operate a motorboat with any measurable amount of alcohol in his body.
• A person operating a boat on Utah waters is considered to have given consent to take any chemical test requested by a peace officer who feels the person has been operating a boat while under the influence of alcohol and/or drugs.
• Refusal to take a chemical test is admissible in any civil or criminal action or proceeding, and may result in the loss of you motor vehicle driver license.
• The arresting officer can seize and impound the offender’s boat, trailer and tow vehicle.
• A person may not authorize or knowingly permit a vessel owned by him, or that is under his control, to be operated by a person who is under the influence of alcohol and/or drugs.