Boating Under the Influence (BUI) in Ohio
It’s illegal to operate a car or truck while under the influence of alcohol or drugs. However, some people may not realize that, if you drive a boat while impaired, you may need the services of an Ohio criminal defense attorney.
In Ohio, intoxicated boating does not fall under automotive DUI/OVI. Instead, there’s a separate Operating Under the Influence (OUI) law with its own set of penalties.
What BUI/OUI Is in Ohio
ORC 1547.11 states that no one shall operate or be in control of a vessel underway, or manipulate water skis or a similar device, if that person is under the influence of alcohol and/or drugs.
A blood alcohol content of 0.08 percent or higher, as shown by a blood or breath test, is definitive proof of impairment. A level less than 0.08 can result in a conviction if other evidence of impairment is also presented in court. For anyone under 21, it’s an offense to operate a vessel with a level of 0.02 or higher.
There are also concentrations of amphetamine, methamphetamine, heroine, cocaine and PCP that constitute being under the influence.
The law applies only to watercraft that are underway. It’s not BUI if the vessel is securely affixed to a dock, the shore or a permanent structure.
BUI Penalties in Ohio
Boating Under the Influence is a first-degree misdemeanor. The penalty depends on whether the offender has prior convictions. This includes not only BUI offenses but also DUI/OVI offenses involving a road vehicle.
The penalty for a first offense is three days to six months in jail and a fine of $150 to $1,000. A judge may suspend the jail sentence and require the offender to complete a drivers’ intervention program.
A second offense occurs when there has been one BUI or OVI within the past six years. The penalty is 10 days to six months in jail and a fine of $150 to $1,000. Again, a judge may order a drivers’ intervention program.
A third offense (or subsequent offense) occurs where there are two or more offenses within the past six years. This can result in a sentence of 30 days to one year and a fine of $150 to $1,000. The judge may also order a drivers’ intervention program.
A BUI offender could also be required to complete a boating safety course. A DUI attorney Bowling Green can help you obtain the least severe penalty for an offense.
Implied Consent
ORC 1547.111 is an Ohio implied consent law that applies to boaters. Anyone who operates a vessel, water skis or a similar device is automatically deemed to have given consent to a test if arrested for BUI. These could be tests of blood, breath or urine to determine alcohol or drug content.
A person who is arrested and refuses to test is prohibited from operating a vessel or water skis and from registering a vessel for a period of one year. If the person is the owner of the vessel being operated, the registration certificate and tags will be impounded for one year.
If you’ve run afoul of the law, Skip Potter is criminal lawyer Findlay and criminal defense attorney Bowling Green who can fight for you to obtain the best possible result.
Sources
Ohio Boat Operating Laws | Ohio Department of Natural Resources (ohiodnr.gov)
Ohio's Drunk Boating (BUI) Laws and Penalties | DuiDrivingLaws.org