Idaho law prohibits operating or being in actual physical control of a vessel while under the influences of drugs or alcohol. Generally, the term "vessel" includes "every description of watercraft, including a seaplane on the water, used or capable of being used as a means of transportation on water." A person can be convicted of boating under the influence (BUI) for operating a vessel while:
So, an Idaho boater can get a BUI based on BAC or actual intoxication from drugs or alcohol.
The consequences of an Idaho BUI depend on the circumstances. But generally, a BUI is a misdemeanor and carries up to six months in jail and a maximum $1,000 in fines. All convicted boaters must also complete a state-approved safe boating course.
A boater who causes "great bodily harm, permanent disability or permanent disfigurement" to another person while boating under the influence can be convicted of an "aggravated" BUI, a felony. Aggravated BUIs generally carry 30 days to five years imprisonment, up to $5,000 in fines, and a one to two-year boating privilege suspension.
If you've been arrested for or charged with boating under the influence in Idaho, get in contact with an experienced BUI/DUI attorney. The facts of every case are different. A good attorney should be able to explain how the law applies to the facts of your case and help you decide on your best course of action.