Read about the consequences, including fines and possible jail time, of boating under the influence (BUI) in Kansas.
In Kansas, it's not only illegal to drive a car while intoxicated but also to operate a boat while under the influence of drugs or alcohol. This article explains Kansas's boating under the influence (BUI) and the penalties you'll face for a BUI conviction.
Kansas's Boating Under the Influence (BUI) Law
Kansas law prohibits operating a vessel within the state while under the influence of drugs or alcohol. A person can be convicted of boating under the influence (BUI) for operating a vessel while:
- impaired by drugs, alcohol, or a combination of the two to "a degree that renders the person incapable of safely operating a vessel," or
- having a blood or breath alcohol concentration (BAC) of .08% or greater (.02% or more for boaters under 21 years old).
In other words, a BUI can be based on actual impairment or the amount of alcohol in the boater's system.
Kansas's BUI Law Applies to Motorized and Non-Motorized Boats
Under Kansas law, 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." So, you can get a BUI in basically any kind of boat or vessel.
Kansas's Boating Under the Influence (BUI) Penalties
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:
Jail and Fines for a 1st BUI in Kansas
A first BUI carries up to one year in jail and/or between $100 and $500 in fines.
Jail and Fines for a Repeat BUI Offense in Kansas
Where a BUI offender has at least one prior BUI conviction, the second or subsequent BUI carries between 90 days and one year in jail, and the court can impose $100 to $500 in fines.
Boating Privileges Suspension for Underage BUI Offenders in Kansas
If a boater who is under 21 years old operates a vessel with a BAC of at least .02% but less than .08%, the person's boating privileges will be suspended for 30 days for a first offense and 90 days for a second offense.
Boater Education Courses for Kansas BUI Offenders
All Kansas BUI offenders must complete a state-approved boater safety education course.
Talk to a Kansas DUI/BUI Attorney
If you've been arrested for or charged with boating under the influence in Kansas, get in contact with an experienced DUI/BUI attorney. The facts of every case are different. A good DUI attorney should be able to explain how Kansas DUI law applies to the facts of your case and help you decide on the best course of action.
