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Michigan's bass possession season opens on the Saturday before Memorial Day each year (with some exceptions for the St. Clair River system). That makes the holiday weekend a major weekend for boaters on Belleville Lake, Kent Lake, Ford Lake, and Lake St. Clair. With more boats on the water comes more law enforcement — and more BUI arrests.

Boating Under the Influence in Michigan

Under MCL 324.80176, it is illegal to operate a vessel in Michigan with:

  • A blood alcohol content of .08 or higher,
  • Any amount of a Schedule 1 controlled substance or cocaine in your system, or
  • A combination of alcohol and drugs that impairs your ability to operate the boat.

A lesser offense — Operating While Visibly Impaired — applies when impairment is visible, even at a BAC below .08.

Penalties

  • First offense: Misdemeanor, up to 93 days in jail (180 days for a High BAC of .17 or above), fines, possible community service, and possible suspension of boating privileges.
  • Second offense within 7 years: Misdemeanor with up to one year in jail and increased fines.
  • Third offense: Felony, up to five years in prison.
  • BUI causing serious injury: Felony.
  • BUI causing death: Felony with up to 15 years in prison.

Implied Consent on the Water

Under Michigan's vessel implied consent provisions, operating a vessel constitutes consent to chemical testing for alcohol or drugs upon lawful arrest. Refusal carries administrative consequences for boating privileges.

Where Cases Are Heard

  • Belleville Lake: City of Belleville and Van Buren Township — 34th District Court.
  • Kent Lake (Kensington Metropark): straddles Oakland and Livingston counties, with Oakland County's 52-1 District Court (Novi) handling the Oakland County side.
  • Ford Lake: Ypsilanti Township — 14A District Court (Washtenaw County).
  • Lake St. Clair: Macomb County district courts depending on location.

Common BUI Defense Issues

  • Whether the officer had reasonable suspicion to stop the vessel.
  • Field sobriety tests adapted for the water (which differ from roadside tests).
  • Reliability of the PBT and chemical test in boating conditions.
  • Identification of the operator on a vessel with multiple people aboard.

Call Boria Law Today

If you were arrested for BUI on a Wayne County lake or anywhere else in Michigan, attorney Aaron J. Boria of Boria Law can help. Boria Law represents boaters charged with operating-while-intoxicated offenses across Southeast Michigan.

Call (734) 453-7806 today for a free consultation.