What Are the Penalties for Boating Under the Influence in Michigan?

While operating a car under the influence of drugs or alcohol is a well-known offense, many people do not realize that they can face similar criminal charges while operating a boat. If you’ve been charged with Boating Under the Influence (BUI), continue reading for information about the potential penalties. Consult with an experienced Marquette DUI lawyer to discuss your case with a skilled legal professional.

What is Boating Under the Influence?

In Michigan, operating a motorboat while intoxicated falls under the state’s marine safety laws, specifically the Natural Resources and Environmental Protection Act. A BUI offense is structured similarly to operating a motor vehicle while intoxicated (OWI) on the road.

A person is considered to be operating a vessel while intoxicated if they are operating the watercraft on the public waters of the state and meet any of the following criteria:

1. Operating While Intoxicated (OWI): The person has a Blood Alcohol Content (BAC) of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. Alternatively, the person is visibly impaired due to alcohol, controlled substances, or a combination of both to the extent that their ability to operate the vessel is impaired.
2. Operating While Visibly Impaired (OWVI): The person has consumed alcohol or controlled substances to the extent that their ability to operate the watercraft is visibly impaired. While this is a lesser offense than OWI, it is still a serious violation.
3. Zero tolerance for minors: For operators under the age of 21, Michigan enforces a “zero tolerance” policy. It is illegal for a person under 21 to operate a boat with a BAC of 0.02 grams or more.

This applies to most vessels, including motorboats and personal watercraft like jet skis. In some cases, the law may also apply to other watercraft, like sailboats, kayaks, and even rowboats, if the person is actively operating or in physical control of the craft.

What Are the Penalties for Boating Under the Influence in MI?

The penalties for Boating Under the Influence in Michigan vary significantly based on prior offenses and the specific nature of the violation, like whether it is an OWI or an OWVI.

A first-time OWI offense is typically a misdemeanor, punishable by up to 93 days in jail, a fine between $100 and $500, and community service at the court’s discretion. Additionally, the individual’s boating privileges will be suspended for a period, and they may be required to complete an alcohol treatment program.

Penalties increase for subsequent offenses. A second OWI offense within ten years is also a misdemeanor, but carries up to one year in jail, a fine of up to $1,000, and mandatory community service. A third or subsequent offense elevates the charge to a felony, resulting in a prison sentence of up to five years, fines up to $5,000, and long-term or potentially permanent revocation of boating privileges, depending on the circumstances.

OWVI, the lesser offense, still results in fines, community service, and potential jail time, but the penalties are generally less severe than those for OWI. In addition, a BUI conviction becomes part of your criminal record and may impact background checks, insurance rates, and future legal matters.