Yes, it is a real charge. Boating Under the Influence, found under Rhode Island General Laws §46-22.2-3 states, a person can be charged if they are suspected to be operating a motor craft in waters, while intoxicated.  Even though it is not a crime or violation to drink alcohol on a boat or even while driving a boat, if you are found to be intoxicated you can be charged with Boating Under the Influence. If you are charged and refuse to submit to a chemical test you can be charged with that additionally, under Rhode Island General Laws §46-22.2-5.

What is the legal limit when operating a boat or motor craft?

                0.8, the same as operating a motor vehicle.

What are the penalties for Boating Under the Influence?

• A first offense with a BAC of .08- .10, is NOT a criminal charge, but rather a violation. It can carry a fine of between $100-$250, community service, attend a boating safety course, and a loss of their boating license for up to 45 days.
• A first offense with a BAC of .10-.15 or unknown, is a misdemeanor criminal charge which carries a penalty of up to 1 year at the Adult Correctional Institute. A fine of between $100-$300, 10- 60 hours of community service, participation in a boating safety course, and a 3-6 month loss of their boating license.
• A first offense with a BAC of .15 or greater, is a misdemeanor criminal charge which carries a penalty of up to 1 year at the Adult Correctional Institute. A fine of $500, 20-60 hours of community service, participation in a boating safety course, and a 3-6 month loss of their boating license.
• A Second offense with a BAC of .08-.15, or unknown, is a misdemeanor criminal charge which carries a penalty of up to 1 year at the Adult Correctional Institute, including a mandatory minimum 10 days to serve. A fine of $400, potential alcohol/drug treatment, and a 1-2 year loss of their boating license.
• A Second offense with a BAC of .15 or greater is a misdemeanor criminal charge which carries a penalty of up to 1 year at the Adult Correctional Institute, including a mandatory minimum 6 months to serve. A fine of $1000, potential alcohol/drug treatment, and a 2 year loss of their boating license.
• A third offense with a BAC of .08-.15, or unknown, is a felony criminal charge which carries a penalty of 3 years at the Adult Correctional Institute, including a mandatory minimum 1 year to serve. A fine of $400, potential alcohol/drug treatment, and a 2-3 year loss of their boating license. The watercraft may be subject to seizure by the State of RI.
• A third offense with a BAC of 15 or greater, is a felony criminal charge which carries a penalty of 5 years at the Adult Correctional Institute, including a mandatory minimum 3 years to serve. A fine of $1000, potential alcohol/drug treatment, and a 3 year loss of their boating license. The watercraft may be subject to seizure by the State of RI.

Other things to know about Boating Under the Influence:

1. If you have a child under the age of 13 on the boat when the offense is committed the court could sentence you to a year to serve at the Adult Correctional Institute.
2. A juvenile can be charged with this crime
3. If you are caught operating a watercraft at a time when your license has been suspended, you are subject to a new misdemeanor charge, which carries a mandatory additional license suspension of 2 years.

Have one of our trial attorneys, experienced in defending Boating Under the Influence and Refusal to Submit to a Chemical Test associated with Boating Under the Influence, defend you!