Many states have separate statues that address the laws and punishments for operating either a boat or an off-road vehicle while under the influence of drugs and alcohol. These crimes are often referred to as a BUI as opposed to the more commonly known DUI charge. Utah does not have separate BUI laws in the books. Instead, boating and off-roading violations are handled under Utah’s DUI legislation. As many of us are aware, Utah has a reputation for aggressively prosecuting criminal offenses that deal with substances and operating motor vehicles. This means that a person can face serious legal consequences in seemingly “harmless” situations such as operating a boat while having a few too many beers with your friends.
A motorboat does count as a vehicle in Utah.
Do not make the mistake of thinking that just because you are not on the road that you won’t face potential DUI charges. Utah has structured its definitions so that virtually any machine that has an engine can be classified as a vehicle. (Even though this article discusses boating, we want to point out that it is possible to be charged with a DUI while operating a bicycle.) Back in the world of water sports, Utah’s DUI laws encompass the entire state, not just official roads. This means that you can be charged with a DUI for operating a boat out on the lake or driving an ATV down a popular approved trail.
It is equally important to remember that it doesn’t have to be just a police officer that can make an arrest or charge someone with a DUI or BUI while boating. Utah Division of Wildlife resource officers and park rangers are also permitted to make arrests and criminal charges based on public safety. If they see someone operating a boat in an unsafe manner, they usually have probable cause to “pull” the boat over and evaluate the situation. In many circumstances, things like slurred speech, red and watery eyes, and the odor or sight of alcohol result in criminal charges. Even the first offense can come with relatively hefty charges, normally classified as a Class B Misdemeanor. These penalties can increase based on the frequency of the infractions. Don’t let a BUI or operating a boat while intoxicated have a massive impact on your life. Contact our law office today if you have been charged in Utah and would like to speak with a legal professional today.