Read about Maine’s boating under the influence (BUI) laws and the consequences—including jail time and fines—of a conviction.
In Maine, 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 Maine's boating under the influence (BUI) laws and the penalties you'll face for a BUI conviction.
Maine's Boating Under the Influence (BUI) Law
Maine law prohibits operating or attempting to operate a watercraft while under the influence of drugs or alcohol. A person can be convicted of boating under the influence (BUI) for operating a watercraft while:
- impaired by alcohol or drugs, or
- having a blood alcohol concentration (BAC) of .08% or greater.
In other words—just like how it works with Maine's operating-under-the-influence (OUI) laws—you can be convicted of a BUI for boating with an excessive amount of alcohol in your system or while actually intoxicated by drugs or alcohol.
Maine's BUI Laws Apply to All Watercraft
In many states, you can only get a BUI if the boat is motorized. But Maine's BUI laws apply to all watercraft. So it's theoretically possible to get a BUI on a sailboat, rowboat, or any other type of watercraft.
Maine's Boating Under the Influence (BUI) Penalties
The consequences of a Maine BUI conviction depend on the circumstances of the case. But generally, a BUI is a class D misdemeanor and the possible penalties depend mostly on the number of prior convictions.
For purposes of determining whether a BUI is a second or subsequent offense, only prior convictions within the past six years count.
Penalties for a 1st BUI in Maine
A first BUI typically carries $400 to $2,000 in fines and up to one year in jail. There's also a minimum 48-hour jail sentence if the boater had a BAC of .15% or greater, failed to yield to an officer, or refused to submit to chemical testing in violation of Maine's implied consent laws.
Penalties for a 2nd BUI in Maine
A second BUI generally carries $600 to $2,000 in fines and seven days to one year in jail.
Penalties for a 3rd BUI in Maine
A third BUI generally carries $1,000 to $2,000 in fines and 30 days to one year in jail.
Penalties for a BUI in Maine's Tidewaters
Boating under the influence in the tidewaters or offshore waters of Maine is a class E misdemeanor. Convicted boaters face up to $1,000 in fines and a maximum of six months in jail.
Maine's Substance Abuse Treatment Requirements for BUI Offenders
In addition to the other penalties, a judge can order any BUI offender to participate in substance abuse education and treatment.
Talk to an Attorney
The consequences of a Maine BUI are serious, and the facts of every case are different. If you've been arrested for boating under the influence, get in touch with an experienced DUI/BUI lawyer. A qualified attorney can explain how the law applies to the facts of your case and help you decide on the best course of action.
