Read about the consequences—including fines and jail time—of boating under the influence (BUI) in North Dakota.
North Dakota has laws that make it illegal to operate a boat while under the influence of drugs or alcohol. This article explains the state's boating under the influence (BUI) laws and the penalties for a BUI conviction.
North Dakota's Boating Under the Influence (BUI) Law
North Dakota law prohibits operating a motorboat, vessel, or similar device while under the influence of drugs or alcohol.
How North Dakota's BUI Law Defines "Under the Influence"
A person can be convicted of boating under the influence for operating a watercraft while:
- under the influence of drugs, alcohol, or a combination of the two "to a degree which renders that person incapable of safely operating a motorboat or vessel," or
- having a blood alcohol concentration (BAC) of .1% or greater.
In other words, you can get a BUI for operating a vessel with an excessive amount of alcohol in your system or if you're actually impaired by drugs or alcohol.
Types of Boats That Are Subject to North Dakota's BUI Law
The term "vessel" means "any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water"—so not just boats with motors or engines.
North Dakota Boating Under the Influence (BUI) Penalties
The consequences of a North Dakota BUI depend on the circumstances of the case.
Jail and Fines for North Dakota BUI Convictions
In North Dakota, a BUI is a class B misdemeanor, which carries up to 30 days in jail and/or a maximum of $1,500 in fines.
Operator Privilege Suspension for a North Dakota BUI
If a chemical test (typically, breath or blood) shows a boater had a BAC of .1% or more or prohibited blood concentration of drugs, the North Dakota Department of Fish and Game will suspend the boater's operating privileges.
The suspension is 91 days for a first offense. If the boater has a prior BUI conviction within the past five years, there's a 364-day suspension. And if the boater has been twice convicted of boating under the influence in the past five years, the third BUI carries a two-year suspension.
Talk to an Attorney
If you've been arrested for or charged with boating under the influence in North Dakota, get in contact with an experienced DUI/BUI attorney. The facts of every case are different. A good attorney should be able to explain how the law applies to the facts of your case and help you decide on your best course of action.
