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Memorial Day weekend is the unofficial start of boating season in Michigan. Belleville Lake, Kent Lake at Kensington Metropark, and Lake St. Clair all see a surge of boaters — and a surge of law enforcement on the water. Boating Under the Influence (BUI) arrests spike every year over this weekend, and the consequences are nearly identical to those of an OWI on the road.

Michigan's BUI Law

Michigan law treats Operating a Vessel While Intoxicated (sometimes called BUI) under the Natural Resources and Environmental Protection Act, MCL 324.80176. It is illegal to operate a motorboat on Michigan waters with:

  • A blood alcohol content of .08 or higher,
  • Any amount of a Schedule 1 controlled substance or cocaine in your system, or
  • Under the influence of alcohol, drugs, or any combination.

Like on the road, a lesser offense — Operating While Visibly Impaired — applies when your ability to operate the vessel was visibly impaired even without a specific BAC.

Penalties

A first-offense BUI in Michigan is a misdemeanor punishable by:

  • Up to 93 days in jail (up to 180 days for a High BAC of .17 or above),
  • Fines and court costs,
  • Community service,
  • Possible suspension of boating privileges, and
  • A substance abuse assessment.

A second offense within seven years is a misdemeanor with enhanced penalties, and a third offense is a felony.

How Law Enforcement Patrols Lakes

The Michigan DNR Conservation Officers, Wayne County Sheriff's Marine Division, Oakland County Sheriff's Marine Unit, and local agencies patrol popular lakes on holiday weekends. They can stop a vessel for safety inspections, equipment checks, and to investigate suspected impaired operation. Once contact is made, the same investigation tools used in roadside OWI cases — observations, field sobriety tests adapted for the water, and a preliminary breath test — can be used.

What Boaters Should Know

  • A BUI conviction goes on your criminal record. While it is not added as points to your driver's license, repeat boating offenses can affect future criminal sentencing.
  • Refusal of a chemical test on the water carries its own administrative consequences under Michigan's implied consent provisions for vessel operators.
  • A BUI from Memorial Day weekend can affect your job, professional licensing, and concealed pistol license eligibility just like a regular OWI.

Call Boria Law Today

If you were arrested for BUI on Belleville Lake, Kent Lake, Lake St. Clair, or anywhere else in Michigan over Memorial Day weekend, attorney Aaron J. Boria of Boria Law can help. He represents clients throughout Wayne County in alcohol-related cases on and off the water.

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

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