Boating under the Influence (BUI)

The DUI laws in Washington are well-known to most people. Not everyone is aware that boating under the influence can be a crime. Title 46 of Washington’s Revised Code of Washington contains the traditional DUI laws. This section deals with motor vehicles. Title 79A contains the watercraft DUI laws. This Title relates to public recreational lands. Although this law is not as well-known and widely reported as a regular DUI, it is still cited frequently in the summer months for watercraft BUI. In coastal towns such as Gig Harbor, the number of BUI charges is high.

RCW Title 79A has regulations regarding random matters like state horse parks or commercial skiing activities. However, if you dig a bit deeper in Title 79A you’ll find RCW 79A.60.040. This statute criminalizes operating vessels while impaired by alcohol or drugs.

Operation of vessel recklessly – Operation under the influence intoxicating liquor, marijuana or any other drug–Consent for breath or blood test- – Penalty

These are the elements:

(1) It is unlawful for any person to operate a vessel in a reckless manner.

(2) It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor, marijuana, or any drug. A person is considered to be under the influence of intoxicating liquor, marijuana, or any drug if, within two hours of operating a vessel:

(a) The person has an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) The person has a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW46.61.506; or

(c) The person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or

(d) The person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

DUI vs. BUI – Similarities and Differences

Field sobriety tests may be administered by officers when they have probable cause to suspect that the vessel operator has been under the influence of alcohol. A breath test can be administered in accordance with RCW 46.20.308. The punishment for refusing to take the test is less severe than that of a motor vehicle, as shown below.

Refusal to drive a motor vehicle DUI(1) A license suspension cannot be extended for less than one year; (2) a longer mandatory minimum prison sentence, (3) a higher mandatory minimum penalty, and (4) the refusal may be challenged in a future criminal trial.

Refusal to enter a vessel DUI– The operator is warned by the officer that refusing to take the breath test will result in a class 1 civil offense under RCW 7.80.120. The consequence for refusing to take the breath test is a minor civil penalty. This is a different and less severe form of DUI for motor vehicles.

A Washington BUI is considered a gross misdemeanor. It carries a maximum penalty amounting to 364 days imprisonment and a $5,000 fine. A BUI is not subject to the same mandatory minimum penalties as a traditional DUI. Washington BUI cases are dealt with in District and Municipal Courts. These courts offer some options to help you resolve the case.

Favorable Solutions to the BUI Charge

Pre-Trial Diversion Agreements (or PDAs) are common in most jurisdictions. These agreements are between the Defendant or Prosecuting Authority. This type of Diversion Agreement does not give a defendant a sentence. The Court approves the contract between the parties (the Prosecutor and the Defendant). The BUI charge will be dismissed if the defendant follows the terms of the contract. The case is continued for a lengthy period of time before being dismissed. If all terms have been met, there will never be a conviction.