Boating Under Influence (BUI)

Wed, 21 July, 2010

Boating accidents are on the rise across the United States. The U.S. Coast Guard reported in 2007 that nearly 22% of all boating fatalities were alcohol or drug related. Boating Under the Influence (“BUI”) was also listed as the fourth most common factor for boating related accidents after: (1) operator inattention, (2) careless/reckless operation, and (3) excessive speed. http://www.uscgboating.org/statistics/accident_stats.htm Everyone is familiar with drinking and driving laws, but in recent years, boating under the influence has received more attention from Federal and State law makers. In 2001, the US Coast Guard revised the standard for the legal blood alcohol content for operators of boats and other recreational vessels. This summary of Federal BUI standards is from the EPA website:

“For recreational vessel operators, the final rule lowers the current Federal BAC threshold from .10 BAC to .08 BAC. This change is appropriate because boating accident statistics show that alcohol use remains a significant cause of recreational boating deaths and because we support a trend in State recreational boating laws toward the .08 BAC standard. Further, the revised Federal BAC standard does not supercede or preempt any enacted State BAC standard. Additionally, the final rule replaces the term “intoxicated” with the phrase “under the influence of alcohol or a dangerous drug.” This change brings the regulations into conformance with current statutory language. The final rule is expected to reduce the number of recreational boating deaths and injuries resulting from accidents caused by operators under the influence of alcohol or a dangerous drug.”
See http://www.epa.gov/EPA-IMPACT/2001/January/Day-10/i551.htm

After the Federal law changed in 2001, many states have followed suit in lowering the legal limit for boating under the influence to .08 BAC. Colorado is one example of a state that has recently made some major changes in its BUI laws. In August of 2008, two major changes were made to the Colorado BUI laws, see Colorado Revised Statutes 33-13-108.1. First, Colorado lowered the legal limit to mirror the Federal law and lowered the previous legal limit from .10 BAC to .08 BAC. Second, Colorado widened the scope of type of vessels that a person could receive a BUI while operating. Under the old law, only operators of motor boats and sailboats could be arrested for a BUI. After the changes to the BUI law, an operator of any vessel may be charged with a BUI if they are in control of the vessel and are over the legal limit. This includes all watercraft operated by motor, wind, paddle, oar, jet skis, sailboats, kayaks and even canoes and rafts.

Under Colorado law, boating under the influence is a misdemeanor. A first BUI offense is punishable by up to a year in jail, 96 hours of public service, a fine not to exceed $1,000, and carries a 3 month restriction on operating a vessel. Subsequent convictions can carry greater penalties including a mandatory five day jail sentence (maximum is still one year in jail), 120 hours of public service, a fine of up to $1,500, and a one year restriction on operating a vessel. As the boating laws and regulations will vary from state to state, it is very important to educate yourself on the local boating laws in your area and all areas where you plan on operating your boat, or other water vessel. In all cases, it is better to be safe than sorry, and anyone operating a boat should take great caution to avoid any alcohol or drugs that might affect their ability to operate their vessel, for their safety and the safety of others. However, if you or someone you know, has been charged with a boating under the influence ticket, obtain legal representation as quickly as possible to protect your rights.