Laws and Safety Equipment

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

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.

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.

Passengers are also at greatly increased risk for injury and death - especially if they are also using alcohol.

Boating Under the Influence

No person shall operate any motorboat, jet ski or other motorized vessel, or manipulate any water skis, surfboard or similar device while under the influence of alcohol or a controlled substance or drug, under the combined influence of alcohol and any controlled substance or any other drug, or while having an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight (.08 BAC).

Boating under the influence is a criminal offense punishable by fines up to $1,000 and/or imprisonment of up to one year. Any accident causing a death while boating under the influence is a felony punishable by a $1,000 to $3,000 fine and one-year imprisonment.

By operating on West Virginia waterways, you are deemed to have given consent to a breath and/or blood test to determine the amount of alcohol and/or drugs in your blood.

Zero Tolerance

Implied Consent

All persons operating a sail or powered vessel have given their implied consent to a sobriety test. The fact that you are operating a sail or powered vessel implies that you consent to be tested for the presence of alcohol, drugs or other intoxicating substances if requested by a law enforcement officer. Any person refusing to submit to testing for the presence of alcohol, drugs or other intoxicating substances may lose his or her privilege to operate a boat. Failure to consent to testing is a separate offense and may result in suspension of vessel operating privileges for six months.