Penalties for DUI/DWI Offenses Involving the Operation of a Boat

Penalties for DUI/DWI Offenses Involving the Operation of a Boat

The United States Coast Guard and the states cooperate fully in enforcement of laws to remove impaired boat operators from the waters. Both the Coast Guard and every state impose stringent penalties for violating boating under the influence (BUI) laws.

When the Coast Guard determines that an operator is impaired, the voyage may be terminated. The vessel will be brought to mooring by the Coast Guard or a competent and un-intoxicated person on board the recreational vessel. Depending on the circumstances, the Coast Guard may arrest the operator, detain the operator until sober, or turn the operator over to state or local authorities. Under federal law, an individual under the influence of alcohol or a dangerous drug when operating a vessel is liable for a civil penalty up to $ 5,000 or may be charged with a class A misdemeanor, which carries a term of imprisonment of one year or less.

In waters that are overseen solely by the states, the states have the authority to enforce their own BUI statutes. In state waters that are also subject to United States jurisdiction, there is concurrent jurisdiction. That means if a boater is apprehended under federal law in these waters, the Coast Guard will (unless precluded by state law) request that state law enforcement officers take the intoxicated boater into custody.

In most states a conviction for boating under the influence is very similar to a driving under the influence (DUI) charge found in the states' motor vehicle codes. Frequently, DUI is considered a prior offense of BUI and vice versa. For example, a fourth conviction for BUI may become a felony (just like fourth-offense DUI) even if it was a first boating arrest, if the defendant had three prior DUI convictions. Escalating penalties for BUI and DUI are identical, including fines, imprisonment, community service, probation, substance abuse counseling, and revocation of both operator and boating licenses.

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