Spending the day out on a boat with friends often involves drinking. If you’re the one operating a boat, however, joining in (even if it’s just a beer or two) can have serious consequences. Boating under the influence (BUI) is against the law every bit as much as driving under the influence (DUI) is. It can also lead to injuries and deaths.
Anyone operating a vessel with a blood alcohol concentration (BAC) of .08% is violating the law. That’s the same limit as for driving a vehicle.
How BUI and DUI convictions are linked
Under Maryland law, BUI and DUI convictions can now both be considered for purposes of determining legal consequences. That means if someone has a BUI conviction on their record and then is charged with DUI, they can be sentenced like a repeat DUI offender if they’re convicted. (The same would be true if the order of the offenses is reversed.)
Under the new law, which was passed and signed last year, “certain previous convictions for drunk or drugged operation of a vehicle or vessel and grossly negligent manslaughter by vehicle or vessel…constitute prior convictions for the purpose of determining certain enhanced subsequent offender penalties….” That can include a longer jail sentence, a larger fine and a longer license suspension.
The role of alcohol in fatal boating accidents
In the year prior to the new law taking effect, according to the Maryland Department of Natural Resources (DNR), almost 20% of fatal boating accidents involved alcohol. Of course, if a boat operator injures or kills someone, they can face more serious charges than BUI.
It’s wise not to be under the influence of anything while you’re operating a boat. Even a can of hard seltzer on top of some prescription medication can leave someone impaired. It’s important to remember that local, state and federal officers and agents who monitor the waterways and coastline can board a vessel if they see someone operating it recklessly and perform various sobriety tests.
While any DUI or BUI needs to be taken seriously, that’s truer now more than ever under the current law. No one facing either of these charges should try to go through the justice system without legal guidance to protect their rights. There is simply too much at stake.