Boating Under the Influence

Many recreational boaters are unaware that operating a vessel while under the influence in New Jersey is a serious offense. Many recreational boaters forget that a boat is a vehicle and that safe operation is a legal and personal responsibility.

Boating under the influence is a serious charge carrying severe penalties including jail time, fines, alcohol education programs, boating safety classes with an additional alcohol education component, community service, and much more . It’s important to consult with an experienced New Jersey DWI defense attorney when facing any criminal charge.

Boating under the influence is defined as having a blood alcohol content (BAC) of 0.08 percent for a recreational water vessel and .04 percent for a commercial vessel. There is zero tolerance for watercrafts such as aquaplanes and water skis, prohibiting the watercraft driver from consuming any amount of alcohol.

Alcohol impairs the ability to focus, balance and coordinate, and furthermore a boat does not have the stopping, turning or reversing capabilities that a car does. Because of this, boating under the influence of alcohol or drugs is even more dangerous than driving under the influence.

The marine environment – motion, vibration, engine noise, sun, wind and spray – may accelerate a drinker's impairment. In addition, a boater spends much less time during the year on the water; therefore, his or her experience is likely much less when compared to a driver on the road. Recreational boaters don't have the experience of daily boat operation. In fact, boaters average only 110 hours on the water per year.

Consider these helpful suggestions to avoid problems related to boating under the influence:

  • While on a boating trip carry a variety of cool drinks, such as sodas, water, iced tea, lemonade or non-alcoholic beer.
  • Take ample amounts of refreshments.
  • Wear clothes that will help keep you and your passengers cool.
  • Take a trip of reasonable duration, to avoid exhaustion.
  • If you want to drink alcohol on your boating trip, plan to have it ashore at the dock, in a picnic area or at a boating club, so that you'll have time between the fun and getting back into your boat.
  • If you stop some where to eat and consume alcohol, hang around for a reasonable time (estimated at a minimum of an hour per drink) before driving your boat.

Because of the severe penalties of a BUI / BWI conviction, it is crucial to have an expert defense attorney to protect the boater’s rights. An attorney experienced in boating under the influence cases can provide a persuasive representation and minimize the negative consequences.

Please call us at Levow DWI Law, 877-593-1717, to discuss your case. Or, email us at evanlevow@newjerseydwilawyer.com .