Understanding BUI: How a Boating Day Gone Wrong on Michigan Lakes Differs from a Road DUI

Michigan summers mean long days on the water—boating, jet skiing, and enjoying every bit of warm weather we can get. But for some, a perfect day on the lake can take a turn for the worse when flashing lights appear and they find themselves facing a Boating Under the Influence (BUI) charge. While it's easy to think of a BUI as similar to a DUI, legally speaking, there are some noteworthy differences—and consequences. If you’re facing a BUI charge in Michigan, it’s important to understand the law and your rights. Here’s everything you need to know.

What Is BUI in Michigan?

BUI, or Boating Under the Influence, is Michigan’s version of Operating While Intoxicated—but on water. Under MCL 324.80176, it is illegal to operate a vessel on Michigan waters while under the influence of alcohol or drugs. That includes motorized boats, jet skis, and even some non-motorized watercraft.

Unlike driving a car, being on a boat often includes the legal consumption of alcohol by passengers. But once you’re captaining the vessel, the rules change dramatically. If the operator is under the influence, that’s when legal trouble begins. Penalties for BUI can include jail time, fines, community service, and more—not to mention higher insurance rates and a criminal record.

What BAC Limits Apply for BUI?

Just like with driving, Michigan sets a legal limit on Blood Alcohol Content (BAC) for operating a boat:

0.08% BAC: This is the standard threshold for being legally intoxicated for adults operating a vessel.
Zero Tolerance: Operators under 21 years old can’t have any alcohol in their system.

If law enforcement determines that your BAC is at or above 0.08%, or you show visible signs of impairment, you can be arrested and charged with BUI. It’s entirely possible to be charged even if your BAC is below 0.08% if the officer believes your ability to operate the vessel is visibly impaired.

BUI vs DUI: Key Legal Differences

On the surface, BUI and DUI convictions may seem nearly identical. Both involve alcohol or drug impairment, operating a “vehicle,” and similar consequences. However, Michigan law treats some of the details differently.

1. Location of Operation

DUI applies to motor vehicles driven on public roads and highways. BUI, on the other hand, applies to any watercraft on public or private bodies of water. This includes lakes, rivers, and even parts of the Great Lakes under Michigan’s jurisdiction.

2. Reason for Being Stopped

In a DUI case, police need reasonable suspicion to pull you over—like swerving or running a stop sign. In a BUI case, marine patrol officers have more freedom to randomly stop boats to check for life jackets, registration, and safety compliance—no crime or suspicious behavior required. These stops can easily evolve into BUI investigations if alcohol is found or signs of impairment are observed.

3. Field Sobriety and Testing

On land, a DUI suspect may be subject to field sobriety tests and breathalyzer testing. With BUI, these tools become trickier. Uneven boat surfaces, sun exposure, and general instability make testing more complicated and sometimes unreliable.

Officers often rely on:

Observation of behavior: slurred speech, bloodshot eyes, and other signs of intoxication.
Portable breath tests administered after the stop.

It’s worth noting that while BUI laws give marine officers more leeway, your rights against self-incrimination and unlawful searches remain protected. Always be courteous—but cautious—in your interactions.

Penalties for BUI in Michigan

A BUI is not something to take lightly. While you may not lose your driver’s license like with a DUI, the penalties for a conviction still carry serious consequences:

First Offense BUI

Up to 93 days in jail
Fines up to $500
Community service hours
Possible substance abuse education courses

Second Offense BUI

Up to 1 year in jail
Fines up to $1,000
Increased community service
Potential for vessel impoundment

BUI Causing Injury or Death

This is a felony offense and carries severe penalties:

Up to 5 years (injury) or 15 years (death) in prison
Mandatory fines of thousands of dollars
Permanent felony record
Restitution to victims

Similar to DUI offenses, these crimes can stick with you for life—impacting employment, licensing, and even personal relationships.

Refusing a Breath Test While Boating

In DUI cases, refusing a breath test often leads to automatic driver license sanctions. When it comes to BUI, refusal to submit to a chemical test doesn’t carry the same implication of losing your driver’s license. However, refusing a breath or blood test can still hurt your defense and may result in additional charges like obstruction of justice.

Here's the deal: if you refuse, the officer may obtain a search warrant to conduct a blood draw. Along the way, you might be charged with civil or criminal penalties associated with refusal. It’s critical to speak with a lawyer before making decisions that can complicate your case further.

What Happens After a BUI Arrest?

The legal process after being arrested for BUI is very similar to DUI cases:

Booking: You are taken to jail, fingerprinted, and your information is recorded.
Arraignment: You will appear before a judge, be informed of the charges, and enter a plea.
Pretrial Conference: Your attorney can negotiate, file motions, and obtain evidence.
Trial: You have a right to a bench or jury trial. The prosecution must prove your guilt beyond a reasonable doubt.
Sentencing: If convicted, the judge will determine your penalties based on the facts of the case and your criminal history.

Cases are typically handled in the district court where the arrest occurred. For popular lakes in Oakland, Livingston, or Wayne County, that could mean serious prosecutors and no-nonsense judges handling your case.

Defenses to a BUI Charge

Being charged is not the same as being convicted. There are several legitimate defenses to a BUI, depending on the facts:

Unlawful Stop: If marine officers stopped your boat without legal justification, any evidence obtained after could be thrown out.
Inaccurate Testing: Breath tests on boats are prone to error due to constant motion, temperature, or mechanical malfunction.
No Proof of Impairment: Officers must prove your ability to operate the boat was substantially lessened. Minor alcohol consumption is not enough.
Alternative Causes for Behavior: Fatigue, dehydration, or seasickness can cause symptoms that mimic intoxication.

A proper defense strategy can result in reduced charges or even a complete dismissal. Every case is different, which is why experienced legal help is critical.

Do I Need a Lawyer for a BUI Case?

Absolutely. A boating charge might seem like no big deal, but Michigan courts take these offenses seriously. You can’t afford to roll the dice with your record, your freedom, and your future.

If you’ve been charged with Boating Under the Influence, call an experienced criminal defense attorney immediately. At Boria Law, we’ve successfully defended countless clients facing drinking-related charges—both on land and on water. We'll help you understand your options and fight for the best possible outcome.

Call (734) 453-7806 today for a free consultation. We know the courts, the judges, and the legal defenses that work in Michigan criminal law cases.

Conclusion

Boating Under the Influence in Michigan isn’t just another ticket—it’s a serious charge with long-lasting consequences. While a BUI might not automatically result in a suspended driver's license, a conviction can still leave a heavy mark on your criminal record and disrupt your life significantly.

The key difference between a harmless summer party and a permanent criminal record often comes down to the decisions made in the moment. But if the worst has already happened, don’t panic. You don’t have to go through it alone.

Call Aaron J. Boria at (734) 453-7806 or visit us online for your free consultation. We're here to get your life back on track and to protect your future.