Virginia offers plenty of beautiful areas for boating, both within the state (like on nearby Smith Mountain Lake) and along the coast. It’s important to remember, however, that operating a boat while under the influence is illegal.
Specifically, 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 defines “underway” as “not at anchor, or made fast to the shore, or aground.”
The law applies to more than boating
The law applies not just to those operating sailboats, motorboats and other vessels. It also covers those on water skis and surfboards and even people who spearfish while diving.
The point at which an adult is presumed to be under the influence of alcohol while operating a watercraft is a blood alcohol concentration (BAC) of at least .08%. For those under 21, it’s any amount of alcohol. The same “zero tolerance” policy as Virginia has for driving under the influence applies.
A conviction for boating under the influence (referred to as BUI, BWI and OUI) is penalized as a Class 1 misdemeanor, which can carry a one-year prison sentence, a $2,500 fine and a loss of boating privileges for a year. Further, convictions are reported to the Virginia Department of Motor Vehicles (DMV).
State laws vary along the Atlantic Coast and throughout the U.S.
Having a conviction for boating under the influence in Virginia doesn’t count as a previous offense if someone later is convicted of driving under the influence. However, that’s not true in all states.
Just up the coast in Maryland, the law was changed in recent years. These two types of offenses are now considered the same when it comes to determining whether someone is a “repeat offender” in sentencing.
The best way to avoid a charge for boating while under the influence, of course, is not to drink prior to or while operating any type of watercraft. It’s also crucial to be cautious about taking any type of medication that can cause drowsiness or affect the ability to think or react, including illegal, prescription and over-the-counter drugs. It’s also one of the best ways to stay safe and keep others safe.
If you’re already facing a BUI-related charge, due to a mistake or a misunderstanding, it’s crucial to take it seriously and to get experienced legal guidance as soon as possible.
