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Boating While Intoxicated

Boating While Intoxicated: A Dangerous Combination

Hitting the open water on a boat is a favorite summer pastime for many, but mixing alcohol or drugs with boating can turn a fun day into a tragedy. Boating while intoxicated (BWI) is illegal in all 50 states and can lead to injuries, deaths, and serious legal consequences. This article will cover the dangers of BWI, applicable laws, penalties, and tips for staying safe on the water.

The Dangers of BWI

Operating any vehicle while impaired poses serious risks, and boats are no exception. In fact, the dangers of drinking and boating may be even greater than drinking and driving. Here are some key reasons why BWI is so hazardous:

• Impaired judgement and coordination – Alcohol and drugs impair judgement, reaction time, balance and coordination. These skills are crucial for safely navigating watercraft. Even small errors can lead to capsizing, collisions or running aground.
• No brakes or lane markers – Unlike driving a car, there are no brakes or clearly marked lanes to keep boats on track. It’s easy to veer off course or crash when intoxicated.
• Hypothermia risk – Falling into cold water can quickly lead to hypothermia. Impaired boaters may not be able to swim or get back aboard, putting them at risk of drowning.
• Passenger dangers – Intoxicated operators put passengers, other boaters, swimmers and anyone else on the water at risk. BWI jeopardizes everyone’s safety.
• Difficulty of rescue – It can be challenging for authorities to reach boaters in distress compared to drivers on land. Response times are slower, putting intoxicated boaters in greater peril if an emergency occurs.

According to the U.S. Coast Guard, alcohol use is the leading contributing factor in fatal boating accidents, causing over 100 deaths per year in the U.S. Simply put, operating any boat while impaired can destroy lives in an instant.

BWI Laws and Penalties

Given the risks, there are serious legal consequences for boating while intoxicated across the U.S. Here are some key laws and penalties to be aware of:

• Blood alcohol limits – All states prohibit BWI at a blood alcohol concentration (BAC) of 0.08% or higher, the same as driving a car. Some states use lower BAC limits of 0.05% or 0.02% for enhanced safety.
• Operating definition – “Operating” a boat typically means doing anything to control or affect movement, like steering, adjusting controls, etc. You can be charged with BWI without even being underway.
• Open container laws – Most states prohibit open containers of alcohol on boats, just as in vehicles. Some exempt passengers or only prohibit the operator from drinking.
• Implied consent – By operating a boat, implied consent is given to submit to BAC testing if stopped on suspicion of BWI. Refusal will lead to revocation of boating privileges.
• Penalties – BWI penalties include fines ($1,000+), imprisonment (up to 12 months), probation and loss of boating privileges. Felony charges may apply for repeat offenses or causing injury/death.
• Civil liability – Boat owners may be sued for damage, injury or death caused by an intoxicated operator they allowed onboard. This creates substantial financial risk.

Law enforcement officers can stop and board vessels at any time to check for BWI violations. Boaters suspected of impairment may be asked to perform field sobriety tests. Always comply with officers, as resisting arrest will make matters far worse.

Tips for Staying Safe

The only way to guarantee your safety and avoid BWI violations is to keep alcohol off your boat entirely. But if you do drink on the water, follow these tips:

• Assign a designated operator – Have a skipper who stays 100% sober. They should have proper training and experience operating the boat.
• Limit alcohol quantity – Even one drink can impair judgement. Consuming alcohol should be minimal, and stopped well before boarding.
• Stay hydrated – Dehydration worsens alcohol’s effects. Drink plenty of water to stay sharp.
• Eat food – Don’t drink on an empty stomach. Food helps slow alcohol absorption into the bloodstream.
• Stop early – Allow adequate time for alcohol to leave your system before operating a boat. Metabolism varies, but a good rule is waiting one hour per drink.
• Wear a life jacket – Impaired balance and swimming abilities make life jackets essential for intoxicated passengers.
• Watch passengers – Don’t let others drink to excess or fall overboard. Maintain order and prevent avoidable accidents.
• Anchor overnight – If you’ve been drinking, drop anchor and spend the night aboard until fully sober before getting underway.

Exercising good judgement and following basic safety precautions can help prevent tragedies associated with boating while intoxicated.

Conclusion

Drinking and boating is a hazardous combination that puts lives at risk. Strict BWI laws with serious penalties exist in all U.S. states to address this danger. By avoiding alcohol onboard, assigning a designated operator, and following other safe boating practices, water enthusiasts can prioritize safety and avoid BWI citations. With smart precautions, the joys of recreational boating can continue safely for many seasons to come.