Boating While Intoxicated: The Serious Consequences
Posted on Jun 21, 2012 10:55am PDT
We've all heard that getting behind the wheel with a 0.08 percent BAC or higher is illegal. In fact, almost everyone knows that you shouldn't drink and drive and that there are serious consequences to doing so. But when people hear that you will be punished for driving under the influence, they often assume that that means you can't drive a car. While this is absolutely true, there are other vehicles that you can't drive as well. Being out on a lake or ocean while drunk is just as dangerous as being out on the road. In fact, there are steep fines associated with boating under the influence. As many as 50 percent of all waterway accidents are the result of a drunk boat driver. With no lanes or enforceable traffic rules, it is easy for boaters to get out of control and collide.
While water-patrols aren't as abundant has highway patrol, you can be ticketed and fined for driving your boat above the legal limit. In fact, you can even be arrested for this crime. The penalties for boating while drunk are similar to the punishments for drunk driving. Depending on your state, the punishments may even be identical. Fines can range from $500 to $7,500 for a conviction, and jail time can last up to two years. A boat driver can have his or her license suspended just like a motorist. Often these suspensions can last up to one year. Some states even add additional penalties for people who boat with alcohol in their system.
In California, law enforcement has the right to revoke the boat-operator's boating license and his or her driver's license for the offense. Most people are taken by surprise when they are pulled over on the water for being drunk. Because boating while intoxicated is not publicized like drunk driving is, people often have no idea that what they are doing is illegal. Still, state authorities have noted that many boating accidents are the result of a drink boater, so the laws stand strong. If you own a boat or are considering renting/buying one, then you should brush up on your state DUI laws.
You might be detained by waterway authorities like the coast guard, or the patrols that often make their rounds on state lakes. The coast guard has explicitly stated that they will aid state law enforcement in catching boaters who are under the influence on waterways. They have the same rights as the police, and you must obey their commands if you are pulled over. When the coast guard catches BUI offenders, they are required to detain the boat until a police officer arrives. Most often, there is at least one patrol boat roaming a recreational lake. Because many boating activities involve alcohol, the police are looking out for this activity and keep tabs on people who are drinking and boating. While you cannot be fined for open containers of alcohol on a boat, the driver should always remain sober.
When you are going out for a day on the lake, river, or ocean, it's best to leave the beer at home. That way it will not be a temptation, and you can operate your vehicle safely. In some states, people are not allowed to ski/wakeboard under the influence either. Many times once a person is being towed behind the boat, they are held to the same responsibility as the driver. Some people assume that since open containers of alcohol are allowed, the BUI laws are not as enforceable. This couldn't be further from the truth. While police may not charge you for sipping an alcoholic drink on the boat, you can guarantee that he or she will make note of it and warn you to keep your drinking in check.