Boating While Intoxicated

ROW, ROW YOUR BOAT

By Land, Air and Sea

Boating, Flying, Amusement Park Rides and Alcohol

Giving money and power to government is like giving whiskey and car keys to teenage boys.

P.J. O’ROURKE

Many people enjoy boating and having an adult beverage; that is not illegal, but operating a boat while under the influence of alcohol is illegal. Likewise, operating an aircraft or amusement park ride or assembling an amusement park ride while intoxicated is illegal. The laws for Boating While Intoxicated (BWI), Flying While Intoxicated (FWI) and Assembling or Operating an Amusement Ride While Intoxicated are virtually identical to driving while intoxicated (DWI).

First, the per se threshold for these three offenses is 0.08 just like DWI.

Second, any one of these can cause a driver’s license revocation.

Third, a conviction for any one includes a mandatory 72 hours of jail time.

Fourth, the Standardized Field Sobriety Testing and breath/blood testing follows the same procedures as with a DWI.

Fifth, all three offenses are enhance-able in the exact same way DWIs are under the law. For instance, if you have been convicted of DWI and subsequently get convicted of BWI, your offense gets enhanced to a Class “A” Misdemeanor with a minimum jail time of 30 days.

Sixth, Intoxication Manslaughter applies to all intoxication offenses including BWI, FWI and Assembling or Operating an Amusement Ride

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