Kansas law prohibits operating a vessel within the state while under the influence of drugs or alcohol. The term “vessel” includes “any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water.” (Kan. Stat. Ann. § 32-1102(a) (2016).) A person can be convicted of boating under the influence (BUI) for operating a vessel while:
(Kan. Stat. Ann. § 32-1131(a) (2016).)
Kansas BUI penalties depend on the offender’s age and whether the offender has previously been convicted of a BUI. The consequences for a first, repeat-offense, and underage BUI are:
All Kansas BUI offenders must complete a state-approved boater safety education course.
(Kan. Stat. Ann. § 32-1131(d), (e) & (f) (2016).)
HOW MUCH TIME WOULD YOU ACTUALLY SPEND IN JAIL?
Sentencing law is complex. For example, a statute might list a “minimum” jail sentence that’s longer than the actual amount of time (if any) a defendant will have to spend behind bars. All kinds of factors can affect actual punishment, including credits for good in-custody behavior and jail-alternative work programs.
If you face criminal charges, consult an experienced criminal defense lawyer. An attorney with command of the rules in your jurisdiction will be able to explain the law as it applies to your situation.
If you’ve been arrested for or charged with boating under the influence in Kansas, 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 Kansas BUI law applies to the facts of your case and help you decide on the best course of action.