Boating Under the Influence Is a Crime in Oklahoma
Yes, boating under the influence of alcohol or CDS is a crime in Oklahoma. Most people are familiar with DUIs when driving cars and trucks on the road, but fewer know about Oklahoma’s “BUI” law. Using the threat of boating under the influence charges, law enforcement have cracked down on consumption of alcohol near waterways in recent years.
The boating under the influence law prohibits boat operators from having a blood alcohol concentration (BAC) of 0.08 or more. In 2011, the BAC limit went from 0.10 to 0.08. The boat operator must be aboard the boat and have a BAC over the limit. If someone is drinking on shore away from the boat, a boating under the influence charge probably will not stand. But police say they will cite or arrest boat operators who have immediate access to a working boat. It does not matter if the boat is anchored or at the dock.
Similar to drivers accused of DUI, boaters will be asked to take a BAC test such as a breathalyzer. If they refuse, they may face penalties. Boaters convicted of BUI face a misdemeanor on their record and fine of up to $1,000. Additional BUI convictions will result in fines up to $2,500. 63 O.S. § 4210.8(C).
The boating under the influence law prohibits operating a vessel under the influence of intoxicating substances besides alcohol if the person is incapable of doing so safely. 63 O.S. § 4210.8(A)(2). “Vessels” for purposes of BUI law include boats, ships, jet skis, rafts, personal watercraft, and other water transportation. The law excludes canoes, paddleboats, and seaplanes. 63 O.S. § 4002.
Like DUIs, BUIs can carry serious consequences if someone is seriously injured or dies in a boating accident because of an intoxicated operator. Rather than a misdemeanor BUI, the operator could face manslaughter or negligent homicide charges.
Fortunately for boaters, a proposed law called House Bill 1714 that could have imposed stricter penalties for even first-time violators did not succeed. Under current law, a BUI does not impact your driving privileges. The proposed law would have imposed driver’s license revocation on those convicted of BUI. About 40 other states have a 0.08 BAC limit for boating, and about 12 of those states tie BUI conviction to loss of driver’s license privileges.
If you need representation in an Oklahoma court for a boating under the influence charge, seek out the attorney who teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq. of Patterson Law Firm uses his trial experience and expert-level knowledge of DUI science to defend Oklahomans. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.