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BOATING UNDER THE INFLUENCE (BUI)
Every boater needs to understand the risks of boating under the influence of alcohol or drugs (BUI). It is illegal to operate a boat while under the influence of alcohol or drugs in every state. This law pertains to most boats, from sailboats to the largest cruisers. Alcohol Effects
Alcohol affects judgment, vision, balance and coordination. It increases the
likelihood of accidents. The effect of alcohol is even more hazardous on the
water than on land. The motion, vibration, engine noise, sun, wind and spray of
the boat accelerate a drinker's impairment. |
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The effect of alcohol can also be more dangerous to boaters. Boat operators
are often less experienced and less confident on the water than on the highway.
Recreational boaters don't have the benefit of experiencing daily boat
operation. In fact, boaters average only 18 days (average of 6 hours/outing) on
the water per year.
Alcohol creates a physical sensation of warmth that may prevent a person in
cold water from getting out before hypothermia sets in.
BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUG
Operating under the influence is dangerous and illegal. The blood alcohol level at which a boater is considered operating under the influence is .08 in Nevada.
Operation of vessel or manipulation of water skis or surfboard recklessly or while intoxicated or under influence of controlled substance prohibited.
- A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
- A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance, unless in accordance with a lawfully issued prescription.
“Concentration of alcohol of 0.08 or more in his blood or breath” means 0.08 gram or more per 100 milliliters of the blood of a person or per 210 liters of his breath.
Unlawful acts
- It is unlawful for any person who:
- Is under the influence of intoxicating liquor;
- Has a concentration of alcohol of 0.08 or more in his blood or breath; or
- Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.08 or more in his blood or breath, to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
- It is unlawful for any person who:
- Is under the influence of a controlled substance;
- Is under the combined influence of intoxicating liquor and a controlled substance; or
- Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail, to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
- It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this state with an illegal amount of a prohibited substance in his blood or urine.
Implied consent to preliminary test of breath.
- Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was:
- Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
- Engaging in any other prohibited conduct
- If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test.
- The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood. |
