10.101 - BOATING UNDER THE INFLUENCE (BUI)

Violations of "Statute 10.101" results in an Class B Misdemeanor

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(a) Definitions

Boating Under the Influence (BUI) refers to the act of operating a motorized or non-motorized vessel while impaired by alcohol, drugs, or any other substance that affects the operator’s ability to safely navigate the vessel. The impairment must be significant enough to hinder the operator’s capacity to safely control the vessel and follow waterway laws.

(b) Elements

To establish the offense of Boating Under the Influence (BUI), the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motorized or non-motorized vessel on public waters.

• The defendant was under the influence of alcohol, drugs, or other substances that impair their ability to operate the vessel safely.

• The defendant's level of impairment was such that they could not operate the vessel with the care, skill, and caution required by law.

• The defendant was operating the vessel in violation of the established legal limits for blood alcohol concentration (BAC 0.08) or under the influence of other substances, such as narcotics, prescription drugs, or marijuana.

(c) Defenses

Defenses against a charge of Boating Under the Influence may include:

• The defendant was not impaired at the time of operation and can provide evidence such as a negative BAC test or evidence that no drugs or alcohol were consumed.

• The defendant was not in physical control of the vessel, such as when the vessel was stationary or not in operation.

• The impairment was not sufficient to affect the defendant's ability to operate the vessel safely. This could involve expert testimony or evidence showing that the defendant's behavior did not indicate significant impairment.

• The vessel was being operated under emergency circumstances, and the defendant was compelled to act in a manner that would not normally be allowed under the influence.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant's BAC level was above the legal limit for boating, typically 0.08% or higher.

• The defendant was involved in an accident or near-miss while operating the vessel under the influence, especially if personal injury or property damage occurred.

• The defendant was previously convicted of BUI or related offenses, showing a pattern of repeat offenses.

• The defendant’s impairment led to reckless or dangerous operation of the vessel, such as speeding, ignoring safety laws, or endangering passengers or other vessels.

• The defendant refused to submit to a breath, blood, or urine test when requested by law enforcement.