Aquatic adventure and alcohol sometimes go hand in hand. Many people who intend to enjoy a beautiful day out on the ocean or a local lake bring their favorite alcoholic beverages with them. Sipping beers while fishing or boating is a common practice. Some people even make cocktails out on the water.
Boat operators are much less likely to cross paths with law enforcement professionals than drivers are to encounter police officers on the road. However, there are still laws that apply when boating. Despite the sense of freedom that people experience on the open water, they could still be at risk of arrest and prosecution. Drunk boating charges are among the most common infractions people commit while operating maritime vessels.
When are boat operators at risk of boating while under the influence charges?
When they behave questionably
People under the influence of alcohol may struggle to monitor their surroundings. The alcohol that they consume can compromise their rational decision-making capabilities. Boaters who have had too much to drink might get too close to other vehicles or to swimming zones. They might become quite loud or aggressive toward others on the water. Law enforcement professionals patrolling the area may notice that behavior and may approach boaters who appear to have overindulged.
When they are over the legal limit
The same basic standards apply when operating a boat as opposed to a motor vehicle on land. People with a blood alcohol concentration (BAC) of 0.08% or higher are at risk of arrest and prosecution. Even those with lower alcohol levels could be vulnerable if they slur their speech or otherwise display clear intoxication while in control of a vessel.
When they cause an incident
There are many ways for people who operate boats to cause injury or property damage. In some cases, they strike swimmers, causing an emergency situation. Other times, they might collide with another vessel, ranging from a much larger boat to a smaller personal watercraft, like a Jet Ski. Law enforcement professionals responding to the scene of an aquatic incident typically scrutinize the people involved. When there are warning signs of intoxication, officers may administer tests and may arrest boat operators who fail chemical tests.
Drunk boating can lead to jail time, financial penalties and other consequences. Factors including the criminal record of the accused boat operator and the outcome of the situation influence the penalties a boat operator might face. Fighting back against drunk boating charges requires careful preparation and appropriate support. People who intend to boat can protect themselves from frustrating encounters and criminal prosecution by learning about and following the laws that apply on the open water.