CALL FOR A FREE CONSULTATION: (734) 453-7806

Father's Day weekend marks the unofficial start of full boating season on Belleville Lake, Kent Lake, Ford Lake, and Lake St. Clair. For many Plymouth-area families, it is the first big trip out on the water with the kids, the grill on the back of the boat, and a cooler that takes care of itself. It is also a weekend with more law enforcement on the water than any other time of year.

BUI — Boating Under the Influence — arrests on Father's Day weekend are a quiet epidemic. The vast majority of people charged are not reckless drinkers; they are dads who had a few drinks across an all-day outing and never imagined themselves getting pulled over by the DNR.

Michigan's BUI Law

Michigan treats operating a vessel while intoxicated under MCL 324.80176. It is illegal to operate a motorboat 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
  • Under the influence of alcohol, drugs, or any combination.

Operating While Visibly Impaired (OWVI) applies on the water at BACs below .08 if your operation showed visible impairment.

Penalties for a First-Offense BUI

  • Up to 93 days in jail (180 days for a High BAC of .17 or above),
  • Fines and court costs,
  • Possible community service,
  • Possible suspension of boating privileges,
  • Substance abuse assessment,
  • The charge stays on your criminal record — just not on your driver's record as points.

A second offense within seven years is a misdemeanor with up to one year in jail. A third offense is a felony with up to five years in prison. BUI causing serious injury or death triggers significant felony penalties.

Father's Day Patrols Are Different

The Michigan DNR Conservation Officers, Wayne County Sheriff's Marine Division, and Oakland County Sheriff's Marine Division all increase patrols on Father's Day weekend. Local agencies on smaller lakes do the same. They can stop a vessel for safety inspections, equipment checks (life jackets, fire extinguishers, navigation lights), and to investigate suspected impaired operation.

Once contact is made, the investigation tools are essentially the same as a roadside OWI: observations, field sobriety tests adapted for the water, and a preliminary breath test. Failing or refusing the PBT can lead to arrest and a chemical test back at the dock or at the agency.

Implied Consent on the Water

Michigan's vessel implied consent provisions parallel the highway version. Operating a boat constitutes consent to chemical testing for alcohol or drugs upon lawful arrest. Refusal carries administrative consequences for boating privileges and supports the case at trial.

Common Father's Day BUI Scenarios

  • The slow-burn drinker. Three or four beers spaced out across six hours on the water, sun and dehydration accelerating impairment, no perception of being “drunk.”
  • The trailer-loading stop. An obvious staggering at the boat ramp after pulling the boat out leads to a contact in the parking lot — sometimes resulting in both a BUI charge for operating the vessel and an OWI charge if the driver gets behind the wheel.
  • The kids in the boat case. If the operator has a child under 16 onboard, prosecutors sometimes layer additional child-endangerment charges similar to OWI with a child passenger.
  • The medication interaction. Prescription medications combined with even a small amount of alcohol can produce a chemical test that supports impairment without the driver realizing the level of risk.

Where Cases Are Heard

  • Belleville Lake: City of Belleville and Van Buren Township — 34th District Court.
  • Kent Lake (Kensington Metropark): Oakland County's 52-1 District Court in Novi, or Livingston County's 53rd District Court in Brighton, depending on where in the park the offense occurred.
  • Ford Lake: Ypsilanti Township — 14A District Court (Washtenaw County).
  • Lake St. Clair: Macomb County district courts depending on location.
  • Lower Huron Metropark (Huron River): Wayne County district courts depending on location.

Common BUI Defense Issues

  • Was the initial stop or contact lawful? Random stops without reasonable suspicion are generally not permitted.
  • Were the field sobriety tests appropriate for water conditions? The standard tests are designed for stable, level ground.
  • Was the chemical test administered correctly and within the proper time frame?
  • Who was operating the vessel? On a boat with multiple people on board, identification of the operator is sometimes contested.
  • Were the officer's observations consistent with sober conduct that simply looked impaired (e.g., a sunburned, dehydrated dad after eight hours in the sun)?

Collateral Consequences

A BUI conviction can affect your job, professional licensing (medical, legal, financial industry), security clearance, and concealed pistol license eligibility. While it does not add points to your driver's license, a future BUI or OWI charge will count it as a prior.

If Father's Day Ended in Handcuffs

The good news is that BUI cases are highly defensible — particularly first offenses where the facts are not aggravated. Attorney Aaron J. Boria has represented boaters charged across multiple Southeast Michigan counties. Call (734) 453-7806 to talk through your Father's Day case before your arraignment.