Boating Under the Influence (BUI) in Washington

Boating is a popular activity in Washington, with its many lakes, rivers, and coastal waters providing endless opportunities for recreation. However, operating a boat while under the influence of alcohol or drugs is a serious offense that carries significant legal and safety consequences. Understanding Washington’s Boating Under the Influence (BUI) laws is crucial for anyone who takes to the water.

What is Boating Under the Influence (BUI)?

In Washington, a person can be charged with BUI if they operate a vessel while under the influence of alcohol, marijuana, or other drugs. Just like with a DUI, the legal blood alcohol concentration (BAC) limit for boaters is 0.08%. However, even if a person’s BAC is below this threshold, they can still be charged if law enforcement determines that they are impaired and unable to operate the boat safely.

Penalties for BUI in Washington

Washington takes BUI offenses seriously, and those convicted can face severe penalties. A BUI is considered a gross misdemeanor, which carries a maximum penalty of 364 days in jail and a $5,000 fine. Unlike DUI laws, BUI does not result in a suspended driver’s license, but a conviction can still have long-term consequences, including increased insurance rates, criminal records, and potential restrictions on boating privileges.

How Law Enforcement Detects BUI

Law enforcement agencies, including the Washington State Parks Boating Program and local marine patrols, actively enforce BUI laws. Officers may stop a vessel if they notice erratic driving, excessive speed, or reckless behavior. If they suspect impairment, they may conduct field sobriety tests and request a breath or blood test. Refusing to comply with a breath or blood test can result in additional legal consequences.

Defenses Against a BUI Charge

If you are charged with BUI, there may be defenses available to fight the charge. Some common defenses include:

  • Improper Stop: Law enforcement must have a valid reason to stop your boat.
  • Inaccurate Testing: Breathalyzers and field sobriety tests can be flawed or improperly administered.
  • Lack of Impairment: Even if alcohol or drugs were present in your system, it must be proven that they impaired your ability to operate the boat.

How to Stay Safe and Avoid a BUI

The best way to avoid a BUI is to operate your boat responsibly and avoid consuming alcohol or drugs while on the water. Designating a sober operator, staying aware of weather conditions, and following all boating safety regulations can help prevent accidents and legal trouble. Additionally, Washington law allows boaters to consume alcohol on board, but operators must remain below the legal impairment limit.

If you have been charged with Boating Under the Influence in Washington, it’s essential to seek legal representation as soon as possible. At the Law Office of Erin Bradley McAleer, we have extensive experience defending clients against BUI charges and ensuring their rights are protected. Contact us today to discuss your case and explore your legal options.