Yes, Boating Under the Influence is illegal in Pennsylvania. If you are facing related charges, continue reading for more information. Consult with a knowledgeable DUI lawyer in Montgomery County, PA today.

What is Boating Under the Influence?

Boating Under the Influence (BUI) refers to operating or being in control of a watercraft while impaired by alcohol, controlled substances, prescription medications, or a combination of substances. Pennsylvania BUI laws are similar to its DUI (Driving Under the Influence) laws in the sense that they prohibit operating a vessel while a person’s ability to safely operate the watercraft is impaired.

30 Pa. C.S. § 5502 outlines different types of impairment that boat operators can be found guilty of. Consider the following.

  • General impairment: Operating a watercraft while rendered incapable of safely doing so, or operating a watercraft with a BAC (blood alcohol concentration) of at least 0.08% but less than 0.10%.
  • High rate of alcohol: Operating a watercraft with a BAC of at least 0.10% but less than 0.16%.
  • Highest rate of alcohol: Operating a watercraft with a BAC of 0.16% or higher.
  • Controlled substances: Operating a watercraft while rendered incapable of safely doing so by drugs, alcohol, or a combination, or when there is any amount of a Schedule I controlled substance, Schedule II or III controlled substance that was not medically prescribed, or a metabolite of a substance in the individual’s blood

What Types of Watercraft Do BUI Laws Apply To?

In Pennsylvania, BUI laws apply to many types of watercraft, including:

  • Motorboats
  • Personal watercraft, such as Jet Skis
  • Sailboats in certain circumstances
  • Other vessels covered by Pennsylvania law

What Does Actual Physical Control Mean?

A person does not necessarily have to be actively driving a boat to be charged with a BUI. Being in a position to operate the vessel while impaired may be enough in certain situations. For example, if water police pull up to a boat anchored in the water and the would-be operator is intoxicated, they could face charges depending on the circumstances, even though the vessel was not actively moving. Law enforcement may consider if they are at the helm, if the engine is running, and who owns or controls the boat, among other things.

What Are the Penalties for BUI?

If you are being charged with a BUI in Pennsylvania, understanding the potential penalties is crucial. The consequences vary, however, depending on the type of impairment you are found guilty of.

A first offense of general impairment generally results in a minimum of 6 months probation, fines of $300, and mandatory completion of a boating safety course. A second offense may yield a minimum of 5 days in jail, and a third or subsequent offense results in a minimum of 10 days in jail and fines of up to $5,000.

A first offense of high rate of alcohol typically leads to a minimum of 48 hours in jail and fines of $500, while a second offense requires a minimum of 30 days in jail and a $750 fine. A third offense results in at least 90 days in jail and a $1,500 fine.

The highest rate of alcohol and controlled substance charges generally have the same penalties, which include a minimum of 72 hours in jail and a $1,000 fine for a first offense. A second offense generally results in at least 90 days in jail and a $1,500 fine, and a third offense mandates a minimum of 1 year in jail.