Missouri Boating While Intoxicated (BWI) Laws and Penalties

Learn about the consequences—including fines and jail time—of boating under the influence (BUI) in Missouri.

By , Attorney · University of San Francisco School of Law

Missouri has boating while intoxicated (BWI) laws that are similar to its DWI laws. This article explains what the BWI laws make illegal and the penalties you'll face for a BWI conviction in Missouri.

Missouri's Boating While Intoxicated (BWI) Law

Missouri law prohibits operating a vessel while intoxicated by drugs or alcohol. However, there are two types of boating while intoxicated (BWI) that carry different penalties:

  • Impairment BWI. The prosecution proves an impairment BWI by showing that the boater was actually impaired by the drugs or alcohol ingested.
  • Per se BWI. A per se BWI is based on the boater's blood alcohol concentration (BAC). The offense—which is also called "boating with an excessive blood alcohol concentration"—is defined as operating a vessel with a BAC of .08% or greater.

Below are the penalties for the two types of BWI and offenses that involve aggravating factors.

Missouri's Boating While Intoxicated Law Isn't Limited to Motorboats

Missouri's BWI law doesn't explicitly define "vessel." However, elsewhere in the state's laws, a vessel is defined as "any boat or craft propelled by a motor or by machinery, whether or not such motor or machinery is a principal source of propulsion used or capable of being used as a means of transportation on water, or any boat or craft more than twelve feet in length which is powered by sail alone or by a combination of sail and machinery, and used or capable of being used as a means of transportation on water, but not any boat or craft having, as the only means of propulsion, a paddle or oars." (Mo. Ann. Stat. § 556.061.)

Under this definition, you could get a BWI on a sailboat that's more than 12 feet long, even if it isn't powered by a motor.

Missouri's BWI Offender Classifications: Priors, Injuries, and Deaths

Missouri BWI penalties also depend on whether the boater has prior convictions and whether the current offense or any of the priors involved injuries or fatalities. Based on these factors, a BWI offender will be classified as:

  • a standard first offender
  • a prior boating offender
  • a persistent boating offender
  • an aggravated boating offender
  • a chronic boating offender, or
  • a habitual boating offender.

So, the type (standard or per se) and the classification (first, prior, persistent, aggravated, chronic, or habitual) of BWI, together, determine the possible consequences of a conviction.

Missouri's Boating While Intoxicated (BWI) Penalties

Missouri crimes are divided into classes of misdemeanors (A through C) and felonies (A through E). Here's how BWIs are categorized and punished.

Misdemeanor BWI Penalties in Missouri

  • Class B misdemeanor. Punishable by up to six months in jail and a maximum $1,000 in fines.
    • Standard first offenders with an impairment or a per se BWI conviction.
  • Class A misdemeanor. Punishable by up to one year in jail and a maximum $2,000 in fines.
    • Prior boating offenders with an impairment or a per se BWI conviction.
    • Standard first offenders with an impairment BWI conviction, where a person less than 17 years of was a passenger in the vessel.

Felony BWI Penalties in Missouri

  • Class E felony. Punishable by up to four years in prison and a maximum $10,000 in fines.
    • Persistent boating offenders with an impairment or a per se BWI conviction.
    • Standard first offenders with an impairment BWI conviction, where the boat operator acts with criminal negligence and causes injury to another person.
  • Class D felony. Punishable by up to seven years in prison and a maximum $10,000 in fines.
    • Aggravated boating offenders with an impairment or a per se BWI conviction.
    • Standard first offenders with an impairment BWI conviction, where the boat operator acts with criminal negligence and causes injury to a law enforcement officer or emergency personnel.
    • Standard first offenders with an impairment BWI conviction, where the boat operator acts with criminal negligence and causes serious injury to another person.
  • Class C felony. Punishable by three to ten years in prison and a maximum $10,000 in fines.
    • Chronic boating offenders with an impairment or a per se BWI conviction.
    • Standard first offenders with an impairment BWI conviction, where the boat operator acts with criminal negligence and causes serious injury to a law enforcement officer or emergency personnel.
    • Standard first offenders with an impairment BWI conviction, where the boat operator acts with criminal negligence and causes death to another person.
  • Class B felony. Punishable by five to 15 years in prison and fines that aren't limited to a certain maximum amount.
    • Habitual boating offenders with an impairment or a per se BWI conviction.
    • Standard first offenders with an impairment BWI conviction, where the boat operator acts with criminal negligence and causes death to a law enforcement officer or emergency personnel.
  • Class A felony. Punishable by ten years to life in prison and fines that aren't limited to a certain maximum amount.
    • Habitual boating offenders with an impairment BWI conviction who have been convicted previously as a habitual boating offender.

Depending on the circumstances, a judge might also require a BWI offender to participate in continuous alcohol monitoring and substance abuse treatment. And minimum jail times apply to certain BWI offenders who had high blood alcohol concentrations.

Talk to an Attorney

The consequences of boating under the influence in Missouri are serious, and the facts of every case are different. If you've been arrested for a BWI, get in touch with an experienced defense attorney. 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.

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