Just like driving drunk, boating while under the influence or while intoxicated by alcohol or drugs is a crime in Maryland. The definition of the crime and the penalties/punishments are similar to those involving road vehicles. However, boating DUI and DWI are contained in the Natural Resources Code rather than the Transportation Code. See MD Nat. Resources Code, § 8-738.

Drunk boating in Maryland has two levels: boating under the influence (“BUI”) and boating while impaired. They are separate crimes with separate punishments. Further, BUI can be charged as a “standard” BUI proven by eyewitness accounts and other evidence, and BUI can be charged as a matter of law based on lab testing of blood alcohol content (“BAC”). A BAC higher than 0.08% is BUI as a matter of law. The statute states that a person may not operate or attempt to operate a vessel while the person:

• Is under the influence of alcohol — this is BUI
• Is impaired by alcohol — this and the following are boating while impaired (“BWI”)
• Is so far impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely; or
• Is impaired by any controlled dangerous substance

Depending on the number of prior convictions, the penalties for BUI are:

• First offense — jail term of not more than a year, a fine of not more than $1,000, or both
• Second offense — jail term of not more than two years, a fine of not more than $2,000, or both
• Third and subsequent offenses — jail term of not more than three years, a fine of not more than $3,000, or both

In addition, the court may enter an order prohibiting a person convicted of DUI from operating a vessel on the waters of Maryland for up to one year. Note that the term “vessel” means any type of watercraft.

BWIs are considered less severe crimes than BUIs. As such, the penalties are less harsh. They are:

• First offense — jail term of not more than two months, a fine of not more than $500, or both
• Second and subsequent offenses — jail term of not more than one year, a fine of not more than $1,000 or both

Similar to the Transportation Code, the Nature Resources Code gives water-borne law enforcement the power to request breathalyzer tests when there is a suspicion of BUI or BWI. The general idea is called “implied consent.” That is if you are boating in the waters of Maryland, the law says you have consent to be tested for BUI/BWI.

However, as with drivers on the roads, you can refuse to take any type of BUI/BWI test (in most cases). If a person refuses to take a requested test upon conviction of BUI or BWI (based on other evidence), the court may prohibit the person from operating a vessel on the waters of Maryland for up to one year (in addition to other penalties and punishments). This is consistent with what happens if a driver refuses a sobriety test. An exception applies if there has been a boating accident that caused death or serious bodily injury. Under those circumstances, the drawing of blood or sampling of bodily substances can be done without consent. See MD Nat. Resources Code, § 8-738.1.

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This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.