Most states have laws that specifically criminalize boating under the influence (BUI). But Utah has taken a different approach. Utah doesn't have separate BUI laws. Instead, law enforcement prosecutes BUI under the Utah DUI statutes. So the DUI statutes apply to boaters and motorists alike.
Utah prohibits operating a "vehicle" while having a blood alcohol concentration (BAC) of .05% or more or under the influence of drugs or alcohol to a degree that it is unsafe to operate a vehicle. The definition of "vehicle" includes a "motorboat."
In many states, you can get a BUI on motorized and non-motorized boats and vessels. However, Utah's boating-under-the-influence restrictions apply only to motorboats. Utah law defines "motorboat" as "any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion." This definition doesn't include sailboats, rowboats, and canoes that aren't motor powered.
Utah's BUI rules apply everywhere within the state. So, you can get a BUI on public and private waterways of all types, including rivers, lakes, and ponds.
In Utah, police officers aren't the only ones that can investigate and arrest for BUI. Utah Division of Wildlife Resources Officers and other park rangers also have the authority to make arrests if they are POST (Peace Officer Standards and Training) certified.
Generally, an officer can stop a boat if there's reasonable cause to believe the boat operator is under the influence of drugs or alcohol. During BUI investigations, officers typically look for the same impairment indicators as they do with DUI stops—things like slurred speech, red and watery eyes, and the odor of alcohol.
BUI penalties in Utah are the same as those for a DUI in the state.
The fines, jail time, and community services requirements for a BUI conviction generally depend on the number of prior convictions. For a first, second, and third conviction, the penalties are:
These are the authorized sentences for BUI conviction. But an offender can receive a sentence anywhere within these allowable ranges.
Typically, judges must order all BUI offenders to participate in substance abuse screening and either complete treatment or a substance abuse education program.
For a first offense, a judge has the option of ordering supervised probation and an ignition interlock device (IID) on any car the person drives. If a person had a high BAC (.16 or greater), the court must include both supervised probation and an IID as part of the sentence. IIDs are also mandatory for second and subsequent offenses.
A Utah BUI carries administrative penalties as well—meaning, the Utah Driver's License Division (DLD) can generally suspend a BUI offender's license, even before the case makes it to court. With few exceptions, if someone fails to request an administrative review hearing within 10 days of a BUI arrest, the DLD will automatically suspend driving privileges.
If you've been arrested for boating under the influence, you should get in contact with a local attorney that handles BUI cases. An experienced attorney can tell you how the law applies to the facts of your case and whether there are any available defenses to your charges.