Laws and Safety Equipment

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BOATING UNDER THE INFLUENCE (BUI)

Every boater needs to understand the risks of boating under the influence of alcohol or drugs (BUI). It is illegal to operate a boat while under the influence of alcohol or drugs in every state. This law pertains to most boats, from sailboats to the largest cruisers. Alcohol Effects Alcohol affects judgment, vision, balance and coordination. It increases the likelihood of accidents. The effect of alcohol is even more hazardous on the water than on land. The motion, vibration, engine noise, sun, wind and spray of the boat  accelerate a drinker's impairment.

The effect of alcohol can also be more dangerous to boaters. Boat operators are often less experienced and less confident on the water than on the highway. Recreational boaters don't have the benefit of experiencing daily boat operation. In fact, boaters average only 18 days (average of 6 hours/outing) on the water per year.

Alcohol creates a physical sensation of warmth that may prevent a person in cold water from getting out before hypothermia sets in.

Passengers are also at greatly increased risk for injury and death - especially if they are also using alcohol.

Enforcement and Penalties

In waters that are overseen solely by the states, the states have the authority to enforce state BUI statutes. If found operating in concurrent jurisdiction waters by the USCG, the USCG will (unless precluded by state law) request that state law enforcement officers take the intoxicated boater into custody.

If the USCG determines an operator is impaired, the voyage may be terminated (stopped) and the boat towed to the nearest safe mooring. The operator may be released if there is a competent and non-intoxicated person on board the recreational vessel. The operator may be arrested, detained until sober, or turned over to state or local authorities.

Zero Tolerance

No person under the age of 21 may have a measurable blood alcohol concentration (0.02% or higher), or be under the influence of alcohol and/or drugs to a degree which impairs his or her ability to safely operate a boat.

Implied Consent