As the year moves into prime boating season, it’s important to remember that boating under the influence (BUI) can be just as dangerous as driving under the influence. And, that both are illegal.
It’s also important for Marylanders to understand how closely DUI and BUI offenses are connected. While they used to be considered separately by the courts when it came to repeat offenses (and, therefore more serious consequences), that changed last year.
What does the law say?
The law states, in part, that “certain previous convictions for drunk or drugged operation of a vehicle or vessel and grossly negligent manslaughter by vehicle or vessel under certain provisions of law constitute prior convictions for the purpose of determining certain enhanced subsequent offender penalties….”
Any first-time DUI or BUI conviction can result in incarceration and/or a fine. However, a second conviction for one of these offenses can result in a longer prison sentence and a larger fine. The severity of both of these consequences increases with each subsequent conviction.
How common are fatal boating accidents caused by impairment?
If someone is killed, the consequences, of course, are much more serious. While some people dismiss the seriousness of boating accidents compared with vehicle collisions, they can – and too often do – result in fatalities.
According to the Maryland Department of Natural Resources, the year before the new law was enacted, alcohol was involved in almost a fifth of fatal boating accidents. Drug, both legal and illegal, prescription and over-the-counter, can also impair a person’s ability to operate a vessel of any type or size.
Some people, unfortunately, don’t take a first-time DUI or BUI seriously and may not even bother to dispute the charge or challenge the arrest. However, once that conviction is on your record, it raises the stakes if you’re ever charged again. That’s especially important to remember if your leisure time (or work) involves being on the water. It’s always worthwhile to get legal guidance if you’re facing one of these charges.