BWI & BWAI - Boating While Intoxicated and Boating While Ability Impaired
From the Ensign, the magazine of the United States Power Squadron.
The High Price of BUI (Boating Under the Influence), Article from The Ensign, Magazine of the United States Power Squadron
As boaters look forward to summer, they’ll sometimes hear public service announcements about the risks of operating a vessel under the influence of alcohol. Most boat owners would rather think about plans for a weekend cruise than about the statutory blood alcohol levels that could lead to criminal prosecution. But when it comes to alcohol on the water, current laws can carry felony charges, prison sentences, and stiff fines. Additionally, a conviction can mean higher insurance premiums, mandatory boating safety classes, and damage to one’s driving record.
Nowadays, many boaters will wait until the mooring pennant is securely fastened on the foredeck before having anything but a soft drink. For some, it’s a matter of not touching a drop of alcohol while operating a vessel with 600 horsepower at their fingertips. Boaters could also be wary about alcohol on the water because its impact might not be identical from one boat operator to the next. Even with a known number of drinks, different individuals could experience different blood alcohol levels based on gender, amount of food in their stomach, and other factors, such as the time period in which they consumed the drinks.1
This issue of blood alcohol level is important because it’s the basis by which boating laws draw the line on criminal prosecution. These laws may use different terms to denote blood alcohol level, such as blood alcohol concentration or BAC, but the bottom line is that if someone’s blood alcohol level exceeds these statutory limits, the door is open to arrest. Alcohol related violations on the water are governed by state law as well as federal law. This means Coast Guard personnel can stop and board vessels, as can marine units of local police departments.
Under federal law, someone who operates a vessel while under the influence of alcohol or dangerous drug is liable for a civil penalty of not more than $5,000. Boating while under the influence of alcohol or dangerous drug is a class A misdemeanor under federal law.2 On the state level, different states have their own laws, each with their own definitions, provisions, and sentencing guidelines.
It would take considerable space to cover the applicable laws of each state. Therefore, I’ll use New York to illustrate the operation of state law governing boating and alcohol. If someone in New York State whose blood alcohol content is 0.08 percent or higher operates a vessel, it’s considered boating while intoxicated, or BWI. A first conviction is a misdemeanor, carrying a sentence of up to one year and fines between $500 and $1,000. A second conviction in ten years is a class E felony, with a sentence of up to four years and fines between $1,000 and $5,000. A third offense in ten years is a class D felony and carries a sentence of up to seven years and fines between $2,000 and $10,000.3 Continuation - The High Price of BUI (Boating Under the Influence), Part Two Written for the United States Power Squadron
Nowadays, many boaters will wait until the mooring pennant is securely fastened on the foredeck before having anything but a soft drink. For some, it’s a matter of not touching a drop of alcohol while operating a vessel with 600 horsepower at their fingertips. Boaters could also be wary about alcohol on the water because its impact might not be identical from one boat operator to the next. Even with a known number of drinks, different individuals could experience different blood alcohol levels based on gender, amount of food in their stomach, and other factors, such as the time period in which they consumed the drinks.1
This issue of blood alcohol level is important because it’s the basis by which boating laws draw the line on criminal prosecution. These laws may use different terms to denote blood alcohol level, such as blood alcohol concentration or BAC, but the bottom line is that if someone’s blood alcohol level exceeds these statutory limits, the door is open to arrest. Alcohol related violations on the water are governed by state law as well as federal law. This means Coast Guard personnel can stop and board vessels, as can marine units of local police departments.
Under federal law, someone who operates a vessel while under the influence of alcohol or dangerous drug is liable for a civil penalty of not more than $5,000. Boating while under the influence of alcohol or dangerous drug is a class A misdemeanor under federal law.2 On the state level, different states have their own laws, each with their own definitions, provisions, and sentencing guidelines.
It would take considerable space to cover the applicable laws of each state. Therefore, I’ll use New York to illustrate the operation of state law governing boating and alcohol. If someone in New York State whose blood alcohol content is 0.08 percent or higher operates a vessel, it’s considered boating while intoxicated, or BWI. A first conviction is a misdemeanor, carrying a sentence of up to one year and fines between $500 and $1,000. A second conviction in ten years is a class E felony, with a sentence of up to four years and fines between $1,000 and $5,000. A third offense in ten years is a class D felony and carries a sentence of up to seven years and fines between $2,000 and $10,000.3 Continuation - The High Price of BUI (Boating Under the Influence), Part Two Written for the United States Power Squadron