Boating Under the Influence: 3 Key Things You Must Know

Boating on a summer day sounds like fun, but operating a boat under the influence could land you in serious trouble.

Boating Under the Influence (BUI) is a crime under both federal and state laws and can result in consequences such as a criminal record, time behind bars, and hefty fines.

A driver is considered legally impaired in the United States when their blood alcohol content is 0.08% or higher. In the state of Minnesota, this is the legal limit for those operating both vehicles and boats. Although the state considers someone intoxicated if they have a BAC of 0.08% or higher, you can actually receive a BUI just for being intoxicated at all. Refusing a breathalyzer in Minnesota is illegal for both drivers and boaters, resulting in criminal charges and a one-year suspension of boating privileges.

BUI laws arose in response to rising alcohol-related boating accidents. Shockingly, alcohol is involved in over half of all fatal boating accidents. In the state of Minnesota, drivers can receive a BUI whether the boat that they are operating has a motor or not.

Why Boating Drunk Can Be Riskier Than Driving

The consumption of alcohol can cause impairment in judgment, vision, coordination, and balance. While this can severely affect a driver of a vehicle, it can have even worse effects on those on the water.

Unlike roads, waterways lack clear signs, traffic signals, and guardrails, leaving boaters to rely more on their instincts. Boat operators must keep watch for other boats, animals or people in the water and water conditions such as wave direction.

Many factors can impair a driver’s ability to think clearly while on the water, including heat, sun, noise, wind, glare and the rocking of a boat. These factors can cause something called “boater’s fatigue”. Alcohol and drugs only worsen these effects.

It can result in the loss of a driver’s license

Operating a boat under the influence can cause the driver to lose their driver’s license for a period of time.

Since August 2018, a BUI conviction in Minnesota means losing both your driver's license and motorboat privileges for 90 days.

BUI Convictions: Consequences That Can Follow You for Life

Although similar to a DUI, the consequences of a BUI can be even more severe, especially for repeat offenders.

A BUI conviction may result in license suspension or retraction, though consequences will increase in severity depending on the driver’s past record. While some drivers may only be charged with a misdemeanor, some can end up with a felony charge. Wondering what happens after your BUI or DUI arrest?

First-Degree BUI: Severe Felony Charges

You may be charged with a first-degree BUI if you:

Have been convicted of three or more BUIs or DUIs in the past 10 years
Have a prior first-degree BUI or DUI conviction
Have been convicted of a felony for certain types of vehicular homicide.

Consequences include:

A felony charge
Up to $14,000 in fines
3-7 years in prison

Second-Degree BUI: Gross Misdemeanor

You may be charged with a second-degree BUI if you:

Have been convicted of two or more BUIs or DUIs in the past ten years
Have one prior DUI or BUI that occurred in the past ten years and refuse to submit to chemical testing, your BAC is over .16, or there is a child under 16 in the boat.

Consequences include:

A gross misdemeanor
90-365 days in jail
Up to $3,000 in fines

Third-degree BUI: Gross Misdemeanor

You may be charged with a third-degree BUI if you:

Have a prior DUI or BUI conviction that occurred in the past ten years, have a BAC over .16, have a child under 16 in the boat, or refusing to submit to chemical testing.

Consequences include:

A gross misdemeanor
Up to $3,000 in fines
48 hours-365 days in jail or at least 80 hours of community service

Fourth-degree BUI: Misdemeanor

A fourth-degree BUI is a first-time offense.

Consequences include:

A misdemeanor
Up to 90 days in jail
Maximum of $1,000 in fines

If you find yourself facing a BUI charge, don't navigate it alone. Contact Bruno Law today for expert legal advice.