Learn about alcohol limits for boaters and what to expect if law enforcement stops you on the water for suspected boating under the influence.
Key Takeaways:
- Alcohol is a leading cause of fatal boating accidents.
- Penalties for BUI convictions are similar to those for DUI convictions.
- You can avoid BUI stops by drinking responsibly or not at all.
Boating is a great way to relax and bond with family or friends. But having one too many drinks may increase your risks on a boat, especially if you plan on operating the vessel. According to 2023 U.S. Coast Guard data, alcohol is the leading known cause of fatal boating accidents. Drinking responsibly can protect you and others from harm. Enjoy your time on the water free of worries without alcohol and drugs.
Intoxicated boating can also get a boat operator into serious legal trouble. Over-the-limit boaters may lose their boat operator privileges, face steep fines, and even be sentenced to prison. To help promote safe boating this summer and always, here are some tips for handling a BUI stop and understanding your boating rights if you're pulled over on the water.
What is BUI and How Is It Enforced?
BUI stands for “boating under the influence.” It’s a criminal offense similar to driving under the influence (DUI). All states, as well as the federal government, have laws against BUI that apply to vessel operators who are impaired by drugs, alcohol, or both.
Who can stop your boat to enforce BUI laws depends on where your boat is in the water. Some waters are controlled only by the states. If you’re boating in state-controlled waters, state BUI laws apply. Federal BUI laws apply to waters under federal control, and the Coast Guard can make a BUI stop.
Some state BUI laws apply to both motorized and non-motorized vessels, such as rowboats, canoes, and paddleboards. In most states, however, BUI laws apply only to motorized boats. Know the law of the state where you are operating your boat or vessel.
BUI vs DUI
BUI laws are similar, but not always identical to DUI laws. In most states, you can be charged with a BUI if your Blood Alcohol Content (BAC) level is 0.08% or higher, which matches the alcohol limit for drivers on the road. However, some states may have stricter alcohol limits for boaters, particularly for commercial operators or younger boaters.
Like DUI laws, BUI laws may also apply to drugs or any other substances that cause impairment while operating a boat.
What Happens If You're Stopped for BUI?
The Coast Guard and/or local law enforcement may set up checkpoints or stop boats they suspect of impaired operation. This is more likely to happen on major boating holiday weekends such as July 4th, Memorial Day, and Labor Day because more law enforcement officers patrol the waters more frequently.
BUI stop procedures may involve seated sobriety testing, detention, or arrest. An officer may ask you to take a breathalyzer test or a blood test for alcohol and/or drugs. If the tests show you’re intoxicated, the officer can arrest you and seize your boat. If the Coast Guard stops you, they can turn you over to state or local law enforcement.
What are the Penalties for Boating Under the Influence?
States take drinking and boating charges seriously, but BUI penalties vary by state. Typically, a first-time BUI is classified as a violation or a misdemeanor. People convicted of BUI might face expensive fines, jail time, or both. Working with a DUI attorney can help you understand your state's specific BUI laws and penalties.
In general, boating under the influence penalties may include:
- Fines
- Legal fees
- Possible jail time
- Loss or suspension of your boating privileges and license
- Increased auto insurance rates
- Required boating safety or substance abuse courses
In some states, authorities could take action against your driver’s license. In California, for example, if you’re convicted of a BUI, the DMV could suspend your driver's license. In some other states, you could rack up points on your license.
Penalties are generally highest when a BUI accident injures another person or if the operator's blood alcohol level meets a higher threshold. This is comparable to aggravated DUI for accidents on land.
Your Rights During a Boating Under the Influence Investigation
In some states, operating a boat means you have given implied consent to take a breathalyzer or other sobriety test. Implied consent means that when you operate a boat, you are preemptively giving your consent to take a sobriety test if law enforcement suspects you are boating under the influence and requests that you take the test.
While this is the law, you still have rights. Knowing your rights and the potential consequences can help you make informed decisions and protect yourself during the process.
Read more about what to expect after a DUI
Can You Refuse Sobriety Tests on the Water?
Yes. While you can refuse a breath or field sobriety test on the water, you could face immediate penalties. These could include:
- Fines
- Court costs
- Loss of your boating license, registration, and boating privileges
- In some states, points against or suspension of your driver’s license
- Jail time
- Increased penalties if convicted after refusing a test
- Mandatory intervention program attendance
Read our DUI class FAQs and learn more about court-ordered alcohol education programs.
BUI Stop Procedures: Helpful Tips
What should you say (or not say) to law enforcement during the BUI arrest process? If you're stopped on suspicion of boating under the influence, consider following these tips to safely manage the situation.
- Stay Calm: Be polite, cooperative, and try to remain composed.
- Know Your Rights: Familiarize yourself ahead of time with your legal rights on your state's waterways.
- Be Respectful: Kindness can help ease tensions and make the process smoother.
- Consult an Attorney: After presenting your license, you do not need to answer additional questions, and you may request to speak with a DUI attorney.
Knowing your legal rights during a BUI stop may help you and your passengers handle these situations confidently while staying within the bounds of the law. Always consult an attorney familiar with BUI or DUI cases for more expert advice.
What Happens After a Boating Under the Influence Conviction?
Depending on the state where you were convicted, a BUI could impact your driver's license. You may be required to get a breathalyzer (ignition interlock device or IID) for your car. A BUI may stay on your record permanently or for a specified number of years.
Boating Under the Influence: Key Questions
What is considered boating under the influence (BUI)?
BUI stands for “boating under the influence.” It means operating a boat or vessel while impaired by alcohol or drugs. In most states, you can be charged with BUI if your blood alcohol concentration (BAC) is 0.08% or higher, which is the same limit as for driving a car. Some states have stricter rules, especially for younger boaters or commercial operators.
Who can stop your boat for a BUI investigation?
Depending on where you are boating, you may be stopped by state law enforcement, local police, or the U.S. Coast Guard. In state-controlled waters, state BUI laws apply. In federal waters, the Coast Guard can enforce BUI laws.
What happens if you are stopped for BUI?
If law enforcement suspects you are boating under the influence, they may ask you to perform sobriety tests, take a breathalyzer, or submit to a blood or urine test. If you refuse, you could face immediate penalties such as fines or loss of boating privileges. If you are found to be over the legal limit, you may be arrested, and your boat could be seized.
What are the penalties for boating under the influence?
Penalties for BUI vary by state but are similar to those for DUI. For a first offense, you may face fines, jail time, loss or suspension of boating privileges, and required safety or substance abuse courses. Penalties increase if you have prior offenses, cause an accident, or have a higher BAC. In some states, a BUI conviction can also affect your driver’s license.
What are your rights if stopped for BUI?
You have the right to remain silent and can refuse field sobriety or chemical tests, but refusing may result in additional penalties. You have the right to consult an attorney.
Find Tools and Support for BUI at DUI.org
A boating under the influence blemish on your record can be challenging to overcome. But you can navigate the journey with the right approach and support from DUI.org.
If you need help securing an ignition interlock, obtaining a restricted license, and purchasing SR-22 insurance, our specialists at DUI.org are here to assist you with these steps. Call us today at (877) 246-7808 to get started! We want you to be able to safely enjoy your time on the water this summer and every season thereafter.
This blog is for informational purposes and is not legal advice. Consult an experienced DUI attorney if you need additional support.
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