As summer officially gets underway, it seems like a good time to discuss Virginia law and boating under the influence. Those who enforce the laws take operating a boat and certain other water activities while under the influence (OUI) as seriously as driving under the influence.
The consequences can be just as serious. Let’s take a brief look at the law in Virginia.
What does the law say?
Virginia law states, “No person shall operate any watercraft…which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle” or “under the influence of any narcotic drug or any other self-administered intoxicant or drug….”
The law applies not just to those operating sailboats, motorboats and other water vessels. It also covers those on water skis and surfboards and people who scuba dive, skin dive or spearfish while diving.
As detailed in the law, it’s illegal to operate a watercraft with a blood alcohol concentration (BAC) of at least .08%. That BAC applies to adults. For those under 21, the same “zero tolerance” policy applies as for driving under the influence.
What are the consequences of a conviction?
Boating under the influence is a Class 1 misdemeanor, which can carry a one-year prison sentence, a $2,500 fine and a loss of boating privileges for a year. OUI convictions are also reported to the Virginia Department of Motor Vehicles (DMV).
Further, if someone is operating a boat while under the influence, they are more likely to face other charges like reckless boating. They could face far more serious charges if they cause property damage, injure or kill someone.
The best way to avoid an OUI charge is not to consume alcohol and any drugs, legal or not, that can cause drowsiness or affect the ability to think or react quickly if necessary. If you find yourself facing a criminal charge, it’s crucial to take it seriously and get experienced legal guidance as soon as possible.