Operating a Motorboat or Sailboat While Intoxicated
–Boaters are reminded that alcohol reduces reaction
time and the ability to make quick, sound judgments in an emergency situation.
Also, wind, sun, glare off the water, and water movement multiplies the effects
of alcohol. The current blood alcohol
level for boating while intoxicated (BWI) is .08 percent – the same as a motor
vehicle as of July 2011.
Operating a motorboat or sailboat while under the influence of alcohol (.08 alcohol level or higher), a controlled substance, or other illegal chemical is unlawful. For the purpose of BWI, "operating a motorboat" means the motorboat is powered by a motor that is running. For the purposes of BWI, "operating a sailboat" means the sailboat is either powered by a motor that is running or has sails hoisted and is underway. Operators who are impaired may be required to take tests by an enforcement officer to determine their sobriety. Anyone refusing to test will be charged a penalty. All navigable waters in the state of Iowa will be subject to the new law, except farm ponds and privately owned lakes.
Operating a motorboat or sailboat while under the influence of alcohol (.08 alcohol level or higher), a controlled substance, or other illegal chemical is unlawful. For the purpose of BWI, "operating a motorboat" means the motorboat is powered by a motor that is running. For the purposes of BWI, "operating a sailboat" means the sailboat is either powered by a motor that is running or has sails hoisted and is underway. Operators who are impaired may be required to take tests by an enforcement officer to determine their sobriety. Anyone refusing to test will be charged a penalty. All navigable waters in the state of Iowa will be subject to the new law, except farm ponds and privately owned lakes.
First
Offense: A Serious Misdemeanor – A serious
misdemeanor can result in the following punishments:
- Imprisonment in county jail for at least 48 hours.
- Assessment of a fine up to $1,000.
- Loss of boat operating privileges for one year.
- Assignment to a substance abuse evaluation and treatment, and a
course for drinking drivers.
Second Offense: An Aggravated Misdemeanor – An aggravated misdemeanor can result in the following punishments:
- Imprisonment in county jail or community-based correctional
facility for at least seven days.
- Assessment of a $1,500 to $5,000 fine.
- Loss of boat operating privileges for two years.
- Assignment to a substance abuse evaluation and treatment, and a
course for drinking drivers.
Third Offense: A Class "D" Felony – A class "D" felony can result in the following punishments:
- Imprisonment in the county jail for 30 days to one year.
- Assessment of a $2,500 to $7,500 fine.
- Loss of boat operating privileges for six years.
- Assignment to a substance abuse evaluation and treatment, and a
course for drinking drivers.
Consequences
of Refusing to Test – Refusing to submit to a
breath or chemical test can result in a $500 fine and a one year suspension of
boat operating privileges. If the offender, during the second offense, refuses
to submit to a test, a $1,000 fine will be assigned plus suspension of boat
operating privileges. Third-time offenders will receive a $2,000 fine and
suspension of boat operating privileges.
Questions
& Answers
Can I drink alcohol on the boat? Yes, consuming alcohol is permissible on the boat, but remember the operator is not to be under the influence.
Can I drink alcohol on the boat? Yes, consuming alcohol is permissible on the boat, but remember the operator is not to be under the influence.
Will a boating
while intoxicated (BWI) offense affect my driver's license? No, a boating
while intoxicated (BWI) offense will not be transferred to your automobile
driving records.
The information for this article came from the Iowa DNR website. For more information contact Iowa Department of Natural Resources at 515-281-5918 or at webmaster@dnr.iowa.gov
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