Just like an OVI, it is equally illegal to control a vessel while under the influence of drugs or alcohol. Under Ohio Revised Code Section 1547.11, a person can be charged with BUI simply for having physical control of a vessel while impaired—even if the boat is not in motion.
Cincinnati Lawyer for Boating Under the Influence
No one wants to have a good day out turn sour when local police charge you for drinking while operating a boat. If you have been charged with boating under the influence, you need to contact the experienced criminal defense attorneys at the Wieczorek Law Firm.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Overview of Boating Under the Influence
- Boating Under the Influence
- Key Factors in BUI Cases
- Defenses for BUI
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Boating Under the Influence
Boating Under the Influence under Ohio Law
Operating a Boat Under the Influence of Alcohol or Drugs (Ohio Revised Code Section 1547.11(A)(1))
It is illegal for a person to operate or be in physical control of a watercraft while under the influence of alcohol, drugs, or both. This means that even if a boat is not moving, a person can be arrested if they are found to be impaired and in a position to control the vessel. Law enforcement officers may base an arrest on observations such as slurred speech, poor coordination, reckless boating, or failure to pass field sobriety tests.
A first offense for operating a boat under the influence is classified as a first-degree misdemeanor, punishable by up to six months in jail, fines of up to $1,000, and possible suspension of boating privileges. A second offense within six years results in increased fines, a longer possible jail sentence, and mandatory substance abuse treatment. If a person is convicted of BUI three or more times, the penalties escalate significantly, and the charge may even be elevated to a felony.
Boating with a Prohibited Blood Alcohol Concentration (Ohio Revised Code Section 1547.11(A)(2)–(5))
Ohio law prohibits a person from operating a vessel if their blood alcohol concentration (BAC) reaches or exceeds legal limits. For adults, the legal limit is 0.08%, and for boaters under the age of 21, the limit is 0.02%. In addition to whole blood tests, a person can also be charged if they exceed alcohol limits in breath, urine, or plasma.
A first-time offense under this section carries up to six months in jail, a $1,000 fine, and suspension of boating privileges. If the person has prior BUI convictions, penalties increase, and the offense may be considered aggravated, leading to harsher consequences.
Boating with Controlled Substances in the Bloodstream (Ohio Revised Code Section 1547.11(A)(6))
A person can be charged with BUI if they operate a vessel while having an illegal concentration of controlled substances or their metabolites in their bloodstream. This includes marijuana, cocaine, heroin, methamphetamine, LSD, and phencyclidine (PCP). Even if a person is not visibly impaired, a chemical test showing illegal drug levels is enough for a conviction.
Penalties for operating a boat with controlled substances in the bloodstream mirror those of alcohol-related BUI charges—a first-degree misdemeanor punishable by jail time, fines, and suspension of boating privileges. Repeated offenses lead to harsher penalties, and if an accident occurs while under the influence, the person may face felony charges.
Boating Under the Influence Resulting in Injury or Death
If a person operates a boat under the influence and causes serious injury or death, the offense can be charged as a felony rather than a misdemeanor. Prosecutors must prove that the impairment directly contributed to the accident. A conviction can lead to years in prison, tens of thousands of dollars in fines, and permanent loss of boating privileges.
Key Factors in a Boating Under the Influence Case
“Operate” Defined
Under Ohio Revised Code Section 1547.11, a vessel is considered to be “operated” whenever it is on the water and is not securely attached to a dock, shore, or designated anchorage area. This means that even if a boat is drifting or the engine is turned off, the operator can still be charged if they are in control of the vessel.
“Physical Control” Defined
“Physical control” means that a person is in a position to operate the boat, even if they are not actively driving it. This can include sitting in the driver’s seat or having the keys readily available. If a person is found impaired and in physical control of a boat, they can be arrested for BUI even if the boat is not in motion.
Blood Alcohol Concentration (BAC) Limits
Ohio law sets specific BAC limits for boating operators:
- 0.08% BAC or higher for adults 21 and over
- 0.02% BAC or higher for individuals under 21
- Illegal drug levels in the bloodstream for controlled substances such as cocaine, heroin, LSD, marijuana, and methamphetamine
A test must be performed within three hours of the alleged offense for BAC results to be used in court.
Testing Procedures and Evidence
Officers use several methods to determine impairment, including:
- Breath, blood, and urine tests to measure alcohol or drug levels
- Field sobriety tests (modified for watercraft use), such as standing balance tests or following an object with the eyes
- Observations by law enforcement, including slurred speech, difficulty operating the boat, or reckless boating behavior
Legal Defenses to Boating Under the Influence Charges in Ohio
The Boat Was Not in Motion and the Operator Did Not Have Physical Control
A BUI charge can result simply from having physical control of a vessel while impaired. However, Ohio law defines “physical control” as having the ability to operate the boat. If a person was simply sitting in the boat without access to the controls or was a passenger, they may not meet the legal definition required for conviction. A strong defense in these cases focuses on proving that the person was not in actual control of the vessel.
Field Sobriety Tests Are Unreliable on Water
Many BUI arrests rely on field sobriety tests, which are often modified for use on boats. However, performing balance-related tests on a rocking vessel can produce false indications of impairment. The natural movement of the water can cause even a sober person to appear unsteady. A defense attorney may argue that the test results were not a reliable indicator of intoxication and should not be used as evidence in court.
Blood and Breath Tests Were Not Administered Within the Legal Timeframe
Under Ohio Revised Code Section 1547.11(D)(1)(b), blood, breath, and urine tests must be conducted within three hours of the alleged offense for the results to be admissible in court. If a person’s BAC was measured too late, the results may not reflect their level of impairment at the time of operation. A defense attorney may challenge the prosecution’s evidence by showing that the test was performed outside the legal window, making it unreliable.
The Arrest Was Based on an Improper Safety Check, Not Evidence of Impairment
Law enforcement officers frequently stop boats for routine safety inspections, such as checking for life jackets, registration, and proper equipment. If an officer initiated a safety check but then decided to investigate for BUI without any reasonable suspicion, the stop may have been unlawful. A defense attorney may argue that the officer had no legal reason to detain the person and that all evidence obtained during the stop should be suppressed in court.
The Breathalyzer or Blood Test Was Inaccurate or Improperly Handled
Ohio law requires that breathalyzers and blood tests be properly calibrated and administered. If a breathalyzer was not routinely maintained, or if a blood sample was contaminated or mishandled, the results may be unreliable. A defense attorney can examine maintenance records and cross-examine lab technicians to determine if errors occurred in the testing process.
Frequently Asked Questions
Can a person refuse a breathalyzer test on a boat in Ohio?
Yes, but refusing a test may lead to additional penalties, including automatic suspension of boating privileges. However, refusal may also prevent the prosecution from obtaining BAC evidence.
Are passengers allowed to drink alcohol on a boat in Ohio?
Ohio law prohibits open containers of alcohol on public waterways unless the vessel has a valid liquor permit. However, passengers on private boats may consume alcohol as long as the operator remains sober.
Can a BUI conviction affect a person’s driver’s license?
A BUI conviction does not directly result in a driver’s license suspension. However, if a person refuses a breath or blood test, they may face boating privilege suspension.
Does Ohio’s BUI law apply to non-motorized watercraft like kayaks and canoes?
Yes, all vessels, including kayaks, canoes, and paddleboards, fall under Ohio Revised Code Section 1547.11. A person can be charged with BUI even if they are paddling a non-motorized boat while impaired.
How does law enforcement test for impairment on the water?
Officers use field sobriety tests modified for water conditions, breathalyzers, and chemical tests. Observations such as slurred speech, erratic boating, and poor balance are also used to determine impairment.
What are the chances of beating a BUI charge?
The outcome depends on the strength of the prosecution’s evidence. If there were errors in BAC testing, an unlawful stop, or no clear evidence of operation, a skilled attorney may be able to get the charges reduced or dismissed.
Is marijuana use treated the same as alcohol under Ohio’s BUI law?
Yes. A person can be charged with BUI if they have a certain level of THC in their system, even if they used marijuana legally. Unlike alcohol, there is no clear legal limit for impairment, so marijuana-related BUI cases can be highly subjective.
What should a person do if they are stopped for suspicion of BUI?
It is best to stay calm, provide requested documents, and avoid making statements that could be used as evidence. A person has the right to remain silent and request an attorney.
Additional Resources
Ohio Boating Under the Influence Law – Ohio Revised Code Section 1547.11
This official source provides the full text of Ohio Revised Code Section 1547.11, which defines the laws on boating under the influence (BUI). It explains what constitutes a BUI offense, the legal limits for alcohol and drugs, and the penalties for violations. The source also includes information on law enforcement testing procedures and the legal definition of “operating” a vessel under Ohio law.
Ohio Agencies’ Warning on Alcohol, Cannabis, and Boating Laws – Ohio Department of Commerce
This source is an official public safety announcement from the Ohio Department of Commerce and the Ohio Department of Natural Resources (ODNR). It explains the risks of alcohol and cannabis use while boating, reminds boaters of Ohio’s legal BAC limits, and outlines law enforcement efforts to enforce BUI laws. The source also includes statements from state officials about the importance of boating sober.
Hire an Attorney for Boating Under the Influence in Hamilton County, OH
Contact the Wieczorek Law Firm today if you or someone you know have been charged with Boating Under the Influence.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.