Washington D.C. has laws prohibiting operating a watercraft while “impaired” or “under the influence” of drugs or alcohol. The term “watercraft” means a “means a boat, ship, or other craft used for water transportation, as well as water skis, an aquaplane, a sailboard, or a similar vessel.”
A person can be convicted of boating under the influence (BUI) for operating a watercraft while:
And a boater can alternatively be convicted of boating while impaired (BWI)—an offense with lesser penalties than those for BUI—for operating a watercraft while impaired, as described above. In other words, a defendant who's impaired while boating can be convicted of a BUI or a BWI. Apart from the penalties, the offenses are the same.
Learn more about District of Columbia's driving under the influence laws.
The consequences of a BUI or BWI depend on the circumstances of the offense and whether the boater has prior BUI or BWI convictions. For determining whether a BUI or BWI is a second or subsequent offense, generally, only prior convictions within the past 15 years count. However, the 15 years is measured from when the later of the “term of incarceration, supervised release, parole, or probation [for the prior offense] ceased or expired.”
The consequences of a first, second, and third BUI are:
The consequences of a first, second, and third BWI are:
If a BUI or BWI offender had minor passengers in the boat at the time of the offense, additional penalties apply. For each minor passenger, the judge must impose $500 to $1,000 in fines and five days in jail.
If you’ve been arrested for or charged with boating under the influence in the District of Columbia, get in contact with an experienced BUI attorney. The facts of every case are different. A good BUI 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.