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 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:
In other words, a BUI can be based on actual impairment or the amount of alcohol in the boater's system.
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 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:
A first BUI carries up to one year in jail and/or between $100 and $500 in fines.
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.
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.
All Kansas BUI offenders must complete a state-approved boater safety education course.
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.