Boating Under the Influence (BUI) in Michigan

Michigan law prohibits operating a boat while under the influence of drugs or alcohol. This law applies to motorboats, personal watercraft (such as Jet Skis), and even sailboats. Michigan law enforcement agencies patrol the waterways just as they do the roads, ensuring that boaters are operating safely.

The legal limit for blood alcohol concentration (BAC) for boat operators in Michigan is 0.08%, the same as for driving a motor vehicle. Additionally, if law enforcement determines that a boat operator is visibly impaired due to alcohol or drugs—regardless of their BAC—they can still face a BUI charge.

Consequences of Boating Under the Influence

A BUI conviction in Michigan carries significant penalties, which can vary depending on the circumstances of your case.

• First Offense: Punishable by up to 93 days in jail, fines up to $500, and community service.
• Second Offense (within seven years): Up to one year in jail, fines up to $1,000, and possible suspension of boating privileges.
• Third Offense (Felony BUI): Can result in up to five years in prison and fines up to $5,000.

Additional penalties may include mandatory alcohol or drug education programs, probation, and increased insurance costs.

How Law Enforcement Enforces BUI Laws

Law enforcement officers, including the Michigan Department of Natural Resources (DNR), the Coast Guard, and local sheriffs, regularly patrol Michigan’s waterways. If they suspect a boater is under the influence, they can stop the boat and conduct field sobriety tests, similar to those used in roadside DUI stops.

Common signs of impaired boating include:

• Erratic operation of the boat
• Speeding or reckless maneuvering
• Failing to follow navigation rules
• Visible alcohol consumption by the captain or passengers

Refusing to submit to a breath or chemical test for BUI can result in fines and automatic suspension of boating privileges, similar to Michigan’s implied consent laws for DUI.

Differences Between DUI and BUI

While DUI and BUI charges share similarities, there are key differences in how these laws are applied:

• Location of Offense: DUI applies to roads and highways, while BUI applies to Michigan’s waterways.
• Probable Cause: On the water, officers have more authority to stop boats for safety checks, such as ensuring proper registration and life jacket compliance. This means they don’t necessarily need reasonable suspicion of intoxication to conduct an inspection.
• Passenger Drinking: Unlike in a car, passengers on a boat are legally allowed to consume alcohol. However, the boat operator must remain sober and under the legal limit.

Despite these differences, BUI is treated seriously, and convictions can impact your criminal record, making it essential to have legal representation if you face charges.

Defenses to a Boating Under the Influence Charge

Just because you’re charged with BUI doesn’t mean you’re automatically guilty. There are several potential defenses that a skilled criminal defense attorney can use to fight the charges:

• Lack of Probable Cause: If law enforcement stopped your boat without reasonable grounds, the stop and any resulting evidence may be challenged.
• Faulty Breath Tests: Breathalyzers and field sobriety tests are not always accurate, and results can be disputed.
• Improper Law Enforcement Procedures: If officers fail to follow proper protocol, it may lead to the dismissal of charges.

To ensure the best possible outcome, you should consult with an experienced defense attorney as soon as possible if you’re arrested for BUI.

What to Do If You Are Charged with BUI in Michigan

If you are arrested for boating under the influence, taking the right steps can make a significant difference in the outcome of your case:

1. Remain Calm and Cooperative: Don’t resist law enforcement or make incriminating statements. Stay polite and comply with instructions.
2. Exercise Your Right to Remain Silent: You are not required to answer questions without an attorney present.
3. Contact a Criminal Defense Lawyer: An attorney who specializes in BUI and Michigan DUI laws can help you understand your options and defend you in court.
4. Gather Evidence: If possible, document your surroundings, take note of any witnesses, and recall the events leading up to your arrest.

Tips for Staying Safe on the Water This Spring Break

Whether you're celebrating spring break with friends or enjoying a family trip, prioritize safety and responsibility while boating. Here are some tips to avoid a BUI and keep your outing enjoyable:

• Designate a sober boat operator before heading out.
• Stay hydrated and avoid excessive alcohol consumption.
• Wear life jackets and follow boating safety laws.
• Avoid operating a boat at night if possible.
• Take a boating safety course to understand navigation rules better.

By taking these precautions, you can ensure that your time on Michigan’s waterways remains fun, safe, and free from legal trouble.

Conclusion

Boating Under the Influence (BUI) in Michigan carries serious consequences, including fines, jail time, and a lasting criminal record. As tempting as it may be to celebrate spring break with alcohol on the water, it’s crucial to understand that the law treats operating a boat while impaired just as seriously as driving under the influence.

If you or someone you know has been charged with a BUI or DUI, don’t navigate the legal system alone. A skilled defense attorney can evaluate your case, challenge evidence, and protect your rights.

Stay safe out on the water this spring break, and remember—boating responsibly is the best way to avoid a costly legal issue while making the most of Michigan’s beautiful lakes and rivers.