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.