While most everyone understands the potential consequences of drinking and driving, fewer people are aware that these consequences apply to operating a boat or other watercraft while under the influence. With Virginians taking to the water as the temperatures soar to record highs, it seems like a good time to discuss Virginia law and boating under the influence.
Those who enforce the laws take operating a vessel and engaging in certain other water activities while under the influence as seriously as driving under the influence. Aside from the obvious dangers to people and property, those arrested for operating a boat while under the influence (OUI) – which is sometimes known as boating under the influence (BUI) — can face legal penalties.
What does Virginia law say?
Virginia law states, “No person shall operate any watercraft…which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle” or “under the influence of any narcotic drug or any other self-administered intoxicant or drug….”
The law applies not just to those operating water vessels. It also includes people on water skis and surfboards, scuba divers as well as skin divers and those who engage in spearfishing. As with driving a vehicle, a blood alcohol concentration (BAC) of at least .08% can get an adult arrested and charged. For those under 21, the same “zero tolerance” policy applies as for driving a vehicle under the influence.
What are the consequences of a conviction?
Boating under the influence is a Class 1 misdemeanor. A conviction can result in a one-year prison sentence, $2,500 fine and a loss of boating privileges for a year. While some people may think that doesn’t sound especially serious, it’s important to remember that a person who is charged with operating a boat under the influence could face additional charges like reckless boating. If they damage property or injure or kill someone, the charges can be life-altering.
Those who are charged with operating a boat or vehicle while under the influence of alcohol and/or drugs should not try to deal with the justice system on their own. It’s smart to get experienced legal guidance as soon as possible, given all that is at stake.
