What is the Penalty for Boating Under the Influence?

Just as it is against the law to drive a car while drunk, it’s also illegal to operate a motorized boat while intoxicated. Nevertheless, many people operate a boat while under the influence during the summer months.

Below, our Minneapolis defense attorneys discuss the potential consequences of this crime.

What Does a BWI Involve?

A person may be charged with a Boating While Intoxicated (BWI) if one or both of the following are true:

The boat operator is impaired by alcohol or drugs to an extent that the person does not “possess that clearness of intellect and that control … that they otherwise would have.”
The boat operator has a blood alcohol concentration (BAC) of .08% or greater.

Potential Consequences of a BWI

The potential consequences of a BWI are similar to that of a DWI. For offenses that occur within a ten-year period, these penalties may include:

First Offense: Assuming the blood alcohol concentration is not twice the legal limit, the offense would be a misdemeanor that carries up to $1,000 in fines and/or up to 90 days in jail.
Second Offense: A gross misdemeanor that carries up to $3,000 in fines and a minimum of 30 days jail to one year in jail.
Third Offense: A gross misdemeanor that carries up to $3,000 in fines and a minimum of 90 days to one year in jail.
Fourth Offense or more: A felony crime that carries up to $14,000 in fines and three to seven years in prison.

Defending Your Rights After a BWI

If you have been charged with a BWI, there are several strategies that an experienced defense attorney may take to dismiss your case, including:

Accusations of defective testing equipment
Denials that you were under the influence of drugs or alcohol at the time of the arrest
Proof that you were taking a controlled substance in accordance with a valid prescription

At Tamburino Law Group, our Minneapolis defense attorneys have extensive experience defending clients’ legal rights and protecting their futures. We’re here to help you, too.

Contact Tamburino Law Group at (612) 444-5020 to schedule a free consultation.