What is Boating Under the Influence (BUI) in Michigan?

Similar to drunk driving, Michigan law prohibits operating a vessel while under the influence of alcohol or controlled substances. This includes motorized boats, jet skis (personal watercraft), and even sailboats that rely partly on engines. In Michigan, boating under the influence is governed by the Marine Safety Act, under Public Act 303 of 2001.

The law makes it illegal to:

• Operate a boat with a blood alcohol content (BAC) of 0.08% or higher.
• Operate a boat while visibly impaired by alcohol or drugs, even if under the legal BAC limit.
• Operate a boat with any amount of a Schedule 1 controlled substance (such as cocaine or heroin) in your system.

This means that even if your BAC is below 0.08%, you could still be arrested and charged with a BUI if a law enforcement officer believes you are impaired based on your behavior or physical appearance.

How BUI Differs from DUI in Michigan

While BUI is similar to driving under the influence (DUI), there are a few key differences:

• No license suspension: You can’t lose your driver’s license for a BUI conviction, but you could lose boating privileges.
• Different enforcement agencies: Instead of local police departments or sheriffs, BUI arrests are often made by the U.S. Coast Guard, the Michigan Department of Natural Resources, or water patrol divisions of local law enforcement.
• Open container rules: It is legal to have open alcoholic beverages on a boat, but illegal for the vessel operator to be intoxicated.

It’s common for people to mistakenly believe that BUI isn’t that serious, but the penalties and criminal record associated with a conviction say otherwise.

Who Can Stop You? Testing and Enforcement on Michigan Waters

Law enforcement agencies patrolling Michigan’s lakes, rivers, and Great Lakes waters have broad authority to stop boats. Unlike a traffic stop on land, they do not need probable cause or reasonable suspicion to board a vessel—they can perform random safety checks, inspect for life jackets, or verify boating licenses.

If they suspect alcohol or drug use, they may perform the following:

• Administer field sobriety tests (balance tests, observation of motor skills, etc.).
• Conduct a preliminary breath test (PBT) to estimate BAC levels.
• Request a chemical test of your blood, breath, or urine.

Michigan’s Implied Consent Law applies to boating, meaning that by operating a vessel, you have implicitly agreed to submit to chemical testing. Refusing to take the test may result in fines and the suspension of boating privileges.

Penalties for Boating Under the Influence in Michigan

Like DUI offenses, BUI cases are tiered based on the severity of the incident and whether it is a repeat offense. Here are the general penalties:

First Offense BUI (No Injury or Death)

• Misdemeanor offense
• Fines up to $100 and up to 93 days in jail
• Community service (up to 45 days)
• Boating privileges may be suspended

Second BUI Offense (Within 7 Years)

• Up to 1 year in jail
• Fines ranging from $200 to $1,000
• Community service of at least 30 days
• Mandatory substance abuse screening and possible treatment
• Suspension or revocation of boating privilege

Causing Serious Injury or Death

• Felony offense
• Prison sentence of up to 15 years
• Fines up to $10,000
• Restitution to victims

And just like a car DUI, there can be mandatory drug and alcohol treatment programs, probation requirements, and hefty court costs. A conviction becomes part of your criminal record, which can affect employment, professional licensing, and even your ability to obtain certain types of insurance.

Zero Tolerance for Boaters Under 21

In Michigan, boaters under the age of 21 are held to a stricter standard. They can be charged with a BUI for having any alcohol in their system, even a BAC under 0.08%. The penalties for minors are similar but often include mandatory alcohol education and counseling. A court may also restrict boating privileges until the individual turns 21.

How to Defend a BUI Charge in Michigan

Just because you've been arrested doesn’t mean you’re automatically guilty. As with any other criminal charge, the prosecutor must prove every element beyond a reasonable doubt.

A skilled BUI defense attorney might raise one or more of the following defenses:

• Improper field sobriety testing: Unlike land-based DUIs, field sobriety on a rocking boat or dock can be unreliable.
• Faulty breathalyzer calibration: Chemical tests must be properly administered and maintained, or the results can be challenged.
• Lack of probable cause: If the officers exceeded their authority or failed to follow procedure, key evidence could be suppressed.
• Medical conditions: Certain medical issues can mimic signs of intoxication, leading to wrongful arrest.

Bottom line: every case is different. If you're being charged with boating under the influence, call an experienced criminal defense attorney as soon as possible. Don't speak to the police or prosecutors without legal representation—it can hurt your case down the road.

How Common is BUI in Michigan?

BUI arrests may not make the evening news, but they definitely happen—and more frequently than you might think. With nearly 11,000 inland lakes and more than 3,000 miles of Great Lakes shoreline, boating is part of life in Michigan. So too is law enforcement presence on the water.

During high boating months—typically Memorial Day through Labor Day—agencies run enhanced enforcement programs, including “Operation Dry Water,” a national initiative conducted in late June or early July to crack down on impaired boating. During these weekends, you'll see checkpoints, random stops, and higher levels of patrols on the water.

Tips to Avoid a BUI This Summer

If you’re heading out on the boat, enjoy yourself—but stay safe with these simple tips:

• Designate a sober skipper: Just like a designated driver, ensure someone is sober and responsible for operating the vessel.
• Wait until docked: Save your drinking for after you've made it back to shore and anchored the boat for the day.
• Know your limits: You may think you're under the limit, but fatigue, heat, and dehydration can magnify alcohol’s effects on the water.
• Keep safety gear accessible: Even a small mishap becomes big trouble if you're under the influence and scrambling for a life jacket in an emergency.

Charged with BUI in Michigan? You Need Legal Help

If you've been arrested or charged with boating under the influence in Michigan, it’s important to act quickly. Your rights, reputation, and even freedom could be on the line. Prosecutors often push for stiff penalties—especially if there was an accident or minors on board.

Attorney Aaron J. Boria is experienced in defending clients charged with criminal offenses—including BUI—and has a proven track record of reducing or dismissing charges across Michigan. Our firm takes a personalized approach to every case—because no two are ever the same.

If you’re looking for an experienced Michigan criminal defense attorney who understands the nuances of boating law and how local courts handle BUI cases, call us today.

Contact Boria Law at (734) 453-7806 for a free consultation. We’ll review your case, explain your legal options, and work to get your life back on track.

Conclusion: Know the Law Before You Hit the Water

Boating under the influence might not seem like a major issue—especially when everyone around you has a drink in hand—but the law says otherwise. Michigan treats BUI seriously, and the costs of a conviction can follow you well beyond the summer season.

If you’re planning time on the water this year, stay informed, stay safe, and plan ahead. And if you’re already facing a charge, don’t panic—get informed, get representation, and fight back.

At Boria Law, we’ve helped hundreds of people charged with alcohol-related offenses, and we can help you too. Call us at (734) 453-7806 today.