With over 130 miles of coastline, boating is a popular activity in New Jersey, especially during the warm summer months. However, operating a vessel while intoxicated by drugs or alcohol can turn a fun day on the water into a deadly and tragic event, leading to serious consequences. Many people are surprised to learn that boating under the influence is treated similarly to a DUI on the road, but both can result in harsh penalties. For more information and to secure the help of an experienced legal professional, read on and consult with a skilled Mercer County DUI lawyer today.

What is Boating Under the Influence?

Boating under the influence (BUI) refers to operating a boat or vessel while impaired by alcohol, drugs, or other intoxicating substances. Like driving offenses, “operating” can include being in control of the vessel, not just actively moving. This law applies to any vessels equipped with machinery for propulsion, like motorboats, jet skis, and other vessels.

Under NJ Rev Stat § 12:7-46, “No person shall operate a vessel on the waters of this State while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.08 percent or more by weight of alcohol. No person shall permit another who is under the influence of intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug, or who has a blood alcohol concentration of 0.08 percent by weight of alcohol, to operate any vessel owned by the person or in his custody or control.”

What Are the Penalties for Boating Under the Influence in NJ?

The penalties for boating under the influence in New Jersey are severe and designed to deter intoxicated operation on the state’s waterways. They are similar to the penalties for driving under the influence (DUI) and increase significantly with subsequent offenses. It’s also important to note that higher levels of intoxication may influence sentencing. However, the standard penalties are as follows.

For a first BUI offense, the penalties include:

  • Fines: Fines ranging from $250 to $400.
  • Imprisonment: Up to 30 days in jail.
  • Boating license suspension: Suspension of the privilege to operate a vessel for one year from the date of conviction.
  • Community service: The court may order participation in an alcohol education or treatment program, depending on the circumstances.

A second offense results in harsher consequences:

  • Fines: Fines from $500 to $1,000.
  • Imprisonment: Imprisonment for a period of not less than 48 hours nor more than 90 days.
  • Boating license suspension: Suspension of the privilege to operate a vessel for two years.
  • Community Service: Mandatory 30 days of community service.

For a third or subsequent BUI conviction, the penalties become extremely serious:

  • Fines: A mandatory fine of $1,000.
  • Imprisonment: Imprisonment for a period of not less than 180 days.
  • Boating license suspension: Suspension of the privilege to operate a vessel for ten years.

In some cases, a BUI conviction may also result in suspension of your New Jersey driver’s license, even though the offense occurred on the water. Consult a Mercer County DUI lawyer for legal assistance when facing these charges.