Operating any vehicle while intoxicated by drugs or alcohol is dangerous, whether it is on the road or on the water. Boating under the influence is a serious offense in Pennsylvania that can result in harsh penalties and legal repercussions. For more information and to secure the help of a knowledgeable legal professional, continue reading and contact a skilled Montgomery County DUI lawyer today.

What is Boating Under the Influence?

Under 30 Pa. C.S. § 5502, boating under the influence (BUI) occurs when a person operates a watercraft while impaired by alcohol or drugs or with a blood alcohol concentration (BAC) of 0.08% or higher. This includes actively driving or being in actual control of the vessel.

The legislation outlines several types of BUI under the title “operating watercraft under the influence of alcohol or controlled substance.” Consider the following.

  • General impairment: An individual may not operate or be in actual physical control of the movement of a watercraft after consuming enough alcohol to be rendered incapable of safely operating the watercraft or when the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10%
  • High rate of alcohol: An individual may not operate or be in actual physical control of the movement of a watercraft when the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16%
  • Highest rate of alcohol: An individual may not operate or be in actual physical control of the movement of a watercraft when the alcohol concentration in the individual’s blood or breath is 0.16% or higher
  • Controlled substances: An individual may not operate or be in actual physical control of the movement of a watercraft if their ability to safely operate the watercraft has been impaired by drugs, alcohol, or a combination, or when there is any amount of a Schedule I controlled substance, Schedule II or III controlled substance that was not medically prescribed, or a metabolite of a substance in the individual’s blood

What Are the Penalties for Boating Under the Influence in PA?

The penalties for Boating Under the Influence (BUI) in Pennsylvania vary significantly based on the severity of the offense and prior history.

  • General impairment (BAC 0.08% to 0.10% or impairment): A first offense typically results in a mandatory minimum of six months’ probation, a $300 fine, and completion of an approved boating safety course. A second offense carries a minimum of five days in jail, while a third or subsequent offense requires at least ten days of imprisonment, with fines increasing up to $5,000.
  • High rate of alcohol: A first offense includes a mandatory minimum of 48 consecutive hours in jail and a fine of at least $500. A second offense requires a minimum of 30 days in jail and a $750 fine, while a third offense carries at least 90 days of imprisonment and a $1,500 fine.
  • Highest rate of alcohol/controlled substances: A first offense results in a minimum of 72 consecutive hours in jail and a $1,000 fine. A second offense carries a minimum of 90 days in jail and a $1,500 fine, while a third or subsequent offense requires at least one year of imprisonment and significantly higher fines.

Because the penalties vary significantly depending on the circumstances of the situation, it is highly recommended that you secure the help of a legal professional. Reach out to a skilled attorney today.