Even in a state like Maryland, where boating is a popular pastime on a multitude of beautiful waterways, too many people don’t consider boating under the influence (BUI) to be as serious as driving a vehicle while under the influence of alcohol and/or drugs. Both, however, are dangerous and illegal activities.
State law now links convictions for these two offenses. Last year, a new law was enacted that states that “certain previous convictions for drunk or drugged operation of a vehicle or vessel and grossly negligent manslaughter by vehicle or vessel under certain provisions of law constitute prior convictions for the purpose of determining certain enhanced subsequent offender penalties….”
The law was strengthened in 2023
It’s illegal to operate either a vehicle or vessel with a blood alcohol concentration (BAC) of .08% or greater. This threshold is even lower for some operators, including underage boat and motor vehicle drivers. The penalties for both BUI and DUI offenses increase with the number of an individual’s previous convictions.
By linking the two, a first-time DUI after a BUI conviction (and vice-versa) is considered a repeat offense. That means potentially a larger fine and more prison time than someone convicted of first-time impaired operation would face. Of course, if someone is injured or killed while an individual is intoxicated, potential consequences rise significantly. The change in the law followed a year in which alcohol was determined to be a factor in nearly 20% of fatal boating accidents, according to the Maryland Department of Natural Resources (DNR).
It can certainly be more tempting to drink while operating a boat than while driving. If others on a boat are having a beer, a glass of wine or some cocktails, having “just one” may seem like no big deal. However, that can easily turn into two or more. If a boat operator drinks on top of a prescription anti-anxiety medication or even a seasickness or allergy over-the-counter medication, the after effects can be much stronger than they might otherwise.
Even if you’re involved in a collision that’s not your fault, if you’re under the influence, you can still face a BUI charge. Even a first-time BUI or DUI should be taken seriously. That’s even more true than ever under the current law. If you’re facing either of these charges, it’s wise not to try to deal with the justice system on your own. Getting experienced legal guidance is your best opportunity to protect your rights and minimize the potential consequences of the situation on your life.