Arkansas law prohibits operating or being in actual physical control of a motorboat while intoxicated by drugs or alcohol.
This article will cover Arkansas's boating while intoxicated laws and the penalties you'll face for a BWI conviction.
A person can be convicted of boating while intoxicated (BWI) (also called "boating under the influence" or "BUI") for operating a motorboat while:
In other words, you can get a BWI for operating a boat with an excessive blood alcohol concentration or while drunk or high on drugs.
For purposes of Arkansas's BWI laws, a boat operator is considered impaired if his or her "reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself or another person."
Arkansas's BWI laws apply to "motorboats." The term "motorboat" means "any vessel operated upon water and that is propelled by machinery, whether or not the machinery is the principal source of propulsion."
The consequences of an Arkansas BWI depend on the circumstances. But generally, a BWI is an "unclassified" misdemeanor, and the possible penalties depend on how many prior convictions the person has. For purposes of determining whether a BUI is a second or subsequent offense, only prior BUI convictions that occurred within the past five years count.
A first-offense BWI generally carries:
If, however, the convicted boater had a passenger under the age of 16, the minimum jail time is seven days. Instead of jail, a judge can order an offender to do public service.
A second-offense BWI generally carries:
If, however, the convicted boater had a passenger under the age of 16, the minimum jail time is 30 days. Instead of jail, a judge can order an offender to do public service for a minimum of 30 days (60 days if there was a passenger under 16 years old).
A third-offense BWI generally carries:
If, however, the convicted boater had a passenger under the age of 16, the minimum jail time is 120 days. Instead of jail, a judge can order an offender to do public service for a minimum of 90 days (120 days if there was a passenger under 16 years old).
In addition to the other penalties, all BWI offenders generally must complete an alcohol education program.
If you've been arrested for or charged with boating under the influence in Arkansas, get in contact with an experienced DWI attorney. The facts of every case are different. A good DWI 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.
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