BUI Checkpoint

Boating Under the Influence (BUI), also called Boating While Intoxicated (BWI), is illegal. But don't be lulled into thinking you’ll never get caught. The BUI / BWI law is enforced, and on one day in the summer of 2005, it arrested two violators in California.

On July 30, 2005, sheriff’s deputies set up BUI / BWI checkpoints along the Sacramento River in northern California, surprising boaters up and down the river. Over two dozen officers looked for people they believed were boating unsafely, all part of a plan, they said, to save lives and keep boating safe.

"We find alcohol to be a catalyst for injury or death," said Sacramento Sheriff's Sgt. Charles Slabaugh.

The sheriff's comment is not unfounded. The number of accidents on the water that are alcohol-related is 50 percent, say officials on the subject.

To better understand BUI / BWI, it is important to understand the law. First of all, it is not illegal to drink while boating. You’re allowed open containers of alcohol in the boat. But drinking impairs your motor skills. Therefore, it is against the law to operate a motor-powered watercraft while drunk. The .08% blood-alcohol content (BAC) applies to BUI / BWI just as it does in drunk-driving cases.

It's also important to know the science of BUI / BWI. If you are outside on a wobbling, shaking boat under a hot sun, alcohol will have a more pronounced effect than if you are inside on stationary furniture. Being outside all day will make you look sunburned and maybe make your eyes bloodshot - both signs that an arresting officer could mistake for signs of drinking.

On this day in July on the Sacramento River, sheriff’s deputies arrested one man shortly after the checkpoints were set up. During a field sobriety test, a man showed signs of being under the influence; he failed a Breathalyzer test, and was promptly taken into custody. Even the deputies were surprised to have made an arrest right away. Said Sgt. Slabaugh, "This is unusual that we find one so quickly."

So, remember this the next time you go boating. There is a law against boating while intoxicated, it is easier to get intoxicated on a moving boat under the sun than indoors sitting still, and the law is enforced-with penalties as harsh as for DUI / DWI cases, including fines, imprisonment, alcohol education classes. Consider a designated driver for your boating—a designated boater. But if you’re arrested for BUI, be sure to contact a qualified attorney who specializes in BUI law.