What is a BUI in Michigan?
In Michigan, it is illegal to operate a boat under the influence of drugs or alcohol. You can be convicted of a “BUI” (Boating Under the Influence) if you are operating a watercraft and your blood alcohol content (BAC) is .08 or more.
The penalties for a boating under the influence conviction are similar to a conviction for a drunk driving conviction, which means that you could be sentenced to jail time, probation time, fines, costs, and have your driver’s license suspended. Importantly to note, Michigan’s Implied Consent law also applies to Boating Under the Influence.
Oftentimes, being out on the water can affect an operator’s impairment more than just operating a car. The sun, vibration, motion of the boat and the waves, the wind, other boats around can all lead to increased impairment.
There are two similar, but different charges one may face for operating a motorboat while under the influence of alcohol or drugs. Michigan’s two classifications are:
Boating Under the Influence (BUI). A person can be convicted of a BUI for operating a motorboat with a BAC of .08 or greater, with any amount of controlled substances, or while impaired by drugs and/or alcohol to an extent that the person is substantially deprived of normal control or clarity of mind.
Boating While Visibly Impaired (BWVI). A person can be convicted of a BWVI for operating a motorboat while visibly impaired by drugs and/or alcohol.
Michigan’s Boating Under the Influence law only applies to boats operating under motor power. In some states, you can receive a BUI for vessels that are not motorized, such as rowboats, sailboats, and canoes. But in Michigan, the vessel that you are operating must be under motor power in order to sustain a conviction for a BUI.
Penalties for BUI in Michigan
Penalties for a 1st BUI in Michigan
A first offense BUI is a misdemeanor and carries either up to 45 days of community service, a maximum of 93 days in jail, and fines ranging from $100 to $500. The court can also suspend the individual’s privilege to operate a motorboat for one to two years.
Penalties for a 2nd BUI in Michigan
If an individual has a prior BUI or BWVI conviction that occurred within the past seven years, the second offense will be a misdemeanor and carries fines from $200 to $1,000. The court must then sentence the individual to either 10 – 90 days of community service and can impose up to one year in jail OR 48 hours to one year in jail and up to 90 days of community service. The court must suspend the individual’s privilege to operate a motorboat for at least two years.
Penalties for a 3rd BUI in Michigan
If an individual has two prior BUI or BWVI convictions – regardless of how long ago they occurred – a third or any subsequent offense (4th, 5th, etc.) will be a felony and carry 1 – 5 years in jail/prison and/or $500 - $5,000 in fines.
If the individual has two prior convictions within the past ten years, the court must suspend the individual’s privilege to operate a motorboat indefinitely. However, if the individual has two or more priors but one or none within the past ten years, the court can either suspend the individual’s operating privilege for one to two years or for at least two years.
Penalties for BWVI in Michigan
Penalties for a 1st BWVI in Michigan
A first offense Boating While Visibly Impaired is a misdemeanor and can result in up to 45 days of community service, a maximum of 93 days in jail, and a maximum fine of $300. The court can suspend the individual’s privilege to operate a boat for 6 months to one year.
Penalties for a 2nd BWVI in Michigan
If an individual has a prior BWVI or BUI that occurred within the past 7 years, the second offense is a misdemeanor and carries a $200 - $1,000 fine, 10 to 90 days of community service and can impose up to one year in jail. The court must suspend the individual’s privilege to operate a boat for one to two years.
Penalties for a 3rd BWVI in Michigan
If an individual has two or more prior BWVI or BUI convictions – regardless of when they occurred – the third offense, or any additional offense, is a misdemeanor and carries fines of $200 - $1,000, 10 to 90 days of community service and can impose up to one year in jail. If the individual has two prior convictions within the past ten years, the court must suspend the individuals’ privilege to operate a motorboat, indefinitely. However, if the individual has two or more priors but one or none within the past ten years, the court can either suspend the individual’s operating privilege for one to two years or for at least two years.
We Can Help You Today – Free Consultations
If you have been arrested or ticketed for boating under the influence, contact Tanis Schultz, PLLC today. Michigan’s laws for boating under the influence are extremely similar to the law for Operating While Intoxicated/Drunk Driving. Therefore, an experienced criminal defense attorney will help you navigate your case and the court system to achieve the best outcome possible for you.