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According to the U.S. Coast Guard (USCG) 2002 Boating Statistics alcohol involvement in reported accidents accounted for 39 percent of all boating fatalities—up five (5) percent from 2001. A Coast Guard study estimates that boat operators with a blood alcohol concentration above .10 are more than 10 times as likely to be killed in a boating accident as boat operators with zero (0) blood alcohol concentration.

More and more local and state law enforcement agencies, as well as the Coast Guard, have begun to more stringently enforce Boating While Intoxicated (BWI) laws. In many states, a conviction for BWI will appear on your driving record. This means, that regardless of whether you’re driving a water-borne vehicle or a land-based one, your insurance rates will go up and you will have points deducted from your license (for states that use the point system). You could even lose your license because Administrative Per Se laws may apply, which means your state’s department of motor vehicle may suspend your license and driving privileges whether or not you’ve been convicted.

Contact a BWI defense lawyer for more information on how these laws are being enforced and how you could be affected by your state DMV’s Administrative Per Se laws. Other laws and DMV administrative actions taken against you may apply. Contact a BWI attorney today!

What is BWI?

Similar to other drunk driving offenses, a person is guilty of BWI when he or she drives or is in actual physical control of a water-borne vehicle (boat, ship, jet skis, or any other commercial or recreational watercraft) and is under the influence of alcoholic beverages or any chemical or controlled substance (including inhaled toxic substances like paint or glue) to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. This means that whether the boat is underway or anchored, if you are onboard and your BAC is above the state’s legal limit, you could be arrested.

In some states, the legal limit for BWI is significantly less than that for land-borne vehicles. For example, in the state of Maine, if your BAC is 0.04 or higher, you can be arrested for BWI. Most states have limits of around 0.08, but some are as high as 0.10. Contact a BWI lawyer for more information on your state's legal BAC limits.

BWI and other offenses involving the operation of a vehicle (whether the vehicle is land-borne or water-borne) while intoxicated are criminal law matters, which could potentially incur a felony conviction and possibly a prison sentence, depending on how serious the charges are. Whether you are charged with a misdemeanor or felony offense, you should contact a BWI attorney immediately if you are arrested.

Should I hire a BWI lawyer?

BWI laws are very complex and constantly changing, which is why you need a LawInfo Lead Counsel qualified BWI attorney that specializes in BWI cases.