What is Boating Under the Influence in Michigan?

In Michigan, operating a vessel under the influence is treated similarly to operating a vehicle while intoxicated. Instead of calling it a DUI or OWI, law enforcement refers to it as BUI—Boating Under the Influence. Under Michigan law (specifically MCL 324.80176), it is illegal to operate a motorboat or vessel while under the influence of alcohol or controlled substances.

The legal limit for blood alcohol content (BAC) for boaters is 0.08%, just like with motor vehicles. That means if you're over the limit, or if your ability to operate the vessel is visibly impaired by alcohol or drugs, you can be arrested and charged.

How a BUI Arrest Typically Happens

BUI arrests don't just happen out of the blue. Most begin with a simple stop by the Michigan Department of Natural Resources or local marine patrol. Officers might stop your vessel for a safety equipment inspection, speeding through a no-wake zone, operating recklessly, or witnessing open alcohol on board. If they observe signs of alcohol impairment—slurred speech, empty alcohol containers, erratic behavior—they may begin a sobriety investigation.

This can include physical observations, field sobriety tasks, and even a preliminary breath test (PBT). If you're believed to be intoxicated, you’ll be taken to shore for further testing and possibly booked and processed at a local facility.

Penalties for BUI in Michigan

BUI is not just a slap on the wrist. Even a first-time offense carries significant penalties. The seriousness of your case depends on several factors, including whether anyone was injured, your level of intoxication, and whether you have any prior BUI, DUI, or OWI convictions.

First-Offense BUI

• Up to 93 days in jail
• Fines up to $500
• Community service (up to 45 days)
• Court costs and supervision fees

Second-Offense BUI

• Up to 1 year in jail
• Fines up to $1,000
• Minimum 48 hours jail time mandatory
• Possible forfeiture of boating privileges

BUI Causing Serious Injury or Death

• Felony conviction
• Prison time of up to 5–15 years depending on injury or death
• Thousands in fines and restitution

If someone was injured or killed due to an accident where alcohol is involved, the consequences are life-changing. That’s why it’s critical to have a capable criminal defense attorney immediately.

Common Legal Issues in BUI Cases

There are several legal defenses and complications that can arise in BUI cases. Having a firm understanding of them can make a big difference in the outcome of your case. Here’s what we often see as criminal defense attorneys handling BUI charges across Michigan:

No Probable Cause for the Stop

If the boating officer didn’t have a valid reason to stop your vessel, anything that followed—including tests and arrests—may be inadmissible in court.

Improper Field Sobriety Testing

Field sobriety tests on boats are a little complicated. You’re on water, you’re likely sunburned, dehydrated, or dealing with wobbly legs from being on waves. These aren’t ideal conditions for accurate testing, and your lawyer should challenge any results accordingly.

Unreliable Breath or Blood Testing

Michigan law requires that chemical testing follow strict procedures. Any mistakes—such as tests not calibrated properly, bad chain-of-custody, or forced testing—could lead to the results being tossed out.

What to Do Immediately After a BUI Arrest

If you've been arrested for BUI on Torch Lake, Lake St. Clair, or another Michigan waterway, you’re likely facing a mix of confusion, fear, and a flood of questions. Your actions in the days following the arrest are critical.

1. Do Not Make Statements to Police

Politely decline to answer questions until you have a lawyer. You have a constitutional right to remain silent. Do not admit to drinking or try to justify your actions. Anything you say will be used against you in court.

2. Request a Copy of the Police Report

You'll want to obtain the official police report as soon as possible. This includes notes from the officers, test results, witness statements, and any other information used to justify the arrest. Your attorney will review this thoroughly for errors and legal violations.

3. Take Note of Key Details

Write down everything you remember: what you were doing on the boat, number of drinks (if any), who was with you, the name of the officer, what you were told, how the tests were administered, and anything odd you noticed. These details fade quickly, and your attorney may find a key issue that helps in court.

4. Contact a Michigan Criminal Defense Attorney

This is the most important step. You need someone who knows not just criminal law—but the intricacies of boating laws in Michigan. Aaron J. Boria has extensive experience representing clients charged with BUI, OWI, and other alcohol-related offenses across the state. Call him now at (734) 453-7806 for a free consultation.

Where Will Your BUI Case Be Heard?

BUI charges are prosecuted in the county where the arrest took place. For Torch Lake, that’s typically Antrim or Kalkaska County. For Lake St. Clair, your case may go to Macomb or St. Clair County District Court.

It’s important to know where your case is headed, because each district courthouse handles BUI cases a little differently. Some courts push for treatment and education programs, while others dish out stiff penalties right away. Knowing the tendencies of your assigned judge can help your attorney form the best possible strategy.

Can You Avoid Jail or a Criminal Record?

Absolutely—depending on the circumstances, it's possible to get your BUI charge reduced or even dismissed. Your best bet is to hire an experienced criminal defense lawyer who knows how to challenge field sobriety tests, breath or blood testing, and illegitimate stops.

In many first-offense BUI cases, especially where no accident or injury occurred, courts may be open to negotiation. You could be considered for a deferred sentence program, reduction to a civil infraction, or even an outright dismissal in rare cases. But none of that happens without a skilled attorney fighting aggressively on your behalf.

Don’t Underestimate a BUI Charge

Boating Under the Influence might not have the same public attention as driving under the influence, but the law—and the consequences—are very real in Michigan. This isn’t just about a day on the water gone wrong; it’s about protecting your reputation, your finances, your driver’s license, and your future opportunities.

Even a first-time conviction can come with probation, jail, permanent criminal records, and fines. Subsequent charges bring harsher penalties and even felony charges. You don’t want to walk into court blind.

How a Michigan Criminal Defense Lawyer Can Help

If you were arrested for BUI on Torch Lake, Lake St. Clair, or any Michigan waterway, you need an aggressive and knowledgeable criminal defense attorney working for you. Attorney Aaron J. Boria has successfully defended countless clients against alcohol-related charges in courts across the state, getting charges reduced or even dismissed.

We analyze every detail—from whether the stop was legal, to how the test was conducted, to whether your rights were violated. We’ll look for weaknesses in the prosecution's case and use our experience with Michigan courts to negotiate the best outcome possible.

Don't go it alone. Call Aaron J. Boria now at (734) 453-7806 for a free consultation, or contact us using our website. 

Conclusion

If you’ve been arrested for Boating Under the Influence in Michigan, it's time to take action. The warm season may be temporary—but the consequences of a conviction could follow you for life. Whether you were on Torch Lake for the Fourth of July or enjoying a weekend on Lake St. Clair, a BUI arrest is not the end. With the right legal support, you can protect your future and fight back.

Don’t wait. The sooner you hire a criminal defense attorney, the more time we have to prepare your case and protect your rights. Call Aaron J. Boria at (734) 453-7806 for your free consultation today.