Washington's Boating Under the Influence (BUI) Laws and Penalties

Read about the consequences of boating under the influence (BUI) in Washington.

By , Attorney · University of San Francisco School of Law

Washington law not only prohibits driving a car while intoxicated but also operating a boat while under the influence of drugs or alcohol. This article explains Washington's boating under the influence restrictions and the penalties you'll face for a BUI conviction.

Washington's Boating Under the Influence (BUI) Law

Washington law prohibits operating a vessel while under the influence of drugs or alcohol.

How Washington Law Defines "Under the Influence"

A person can be convicted of boating under the influence for operating a vessel while:

  • as the result of ingesting drugs or alcohol, "the person's ability to drive a motor vehicle is lessened in any appreciable degree"
  • having a blood alcohol concentration (BAC) of .08% or greater, or
  • having a concentration of five nanograms or more of THC (the primary psychoactive ingredient in marijuana) per milliliter of blood.

So, a BUI conviction can be based on actual impairment or the amount of drugs or alcohol in the boater's system.

Watercraft That Are Subject to Washington's Boating Under the Influence Restrictions

The term "vessel" includes "every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water," except "inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers."

Washington's Boating Under the Influence (BUI) Penalties

The consequences of a Washington BUI depend on the circumstances of the case. But generally, the consequences are:

  • Standard BUI. Most BUIs are "gross misdemeanors" and carry up to 364 days in jail and/or a maximum of $5,000 in fines.
  • BUI involving serious injury. A BUI offender who causes "serious bodily injury" to another person can be convicted of "assault by watercraft," a class B felony. Class B felonies carry ten years in prison and/or $20,000 in fines.
  • BUI involving death. A BUI offender who causes the death of another person can be convicted of "homicide by watercraft," a class A felony. Class A felonies carry life in prison and/or $50,000 in fines.

Of course, every situation is different. So, these penalties might or might not apply to any given case.

Talk to an Attorney

If you've been arrested for or charged with boating under the influence in Washington, get in contact with an experienced attorney. The facts of every case are different. A good DUI/BUI 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.

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