Boating While Intoxicated (BWI) refers to operating a vessel while under the influence of alcohol or drugs. Applies to motorized and non–motorized vessels, including jet skis, canoes, surfboards, and water skis.
If you’ve been charged with Boating While Intoxicated, it’s important to contact a Baltimore DUI lawyer for representation. They can help protect your rights and help limit the concentration of such a charge.
Consequences of a Boating While Intoxicated Conviction
Under Maryland Law § 8-738(a1), operating a boat while under the influence of alcohol is a misdemeanor. Penalties include:
- First offense: Up to $1,000 fine and/or 1 year in jail
- Second offense: Up to $2,000 fine and/or 2 years in jail
- Third or more: Up to $3,000 fine and/or 3 years in jail
Under Maryland Law § 8-738(a2), this lesser offense requires less proof of impairment. Penalties include:
- First offense: Up to $1,000 fine and/or 1 year in jail
- Subsequent offenses: increased jail time (up to three years) and fines (up to $3,000).
For a free legal consultation, call (410) 390-3101
What Happens if I Refuse a Breath Test?
If you refuse a breath test during a BUI investigation, you may face:
- A ban from operating boats in Maryland for up to 1 year
- An additional jail sentence of up to 1 year
If the boating incident involves a life–threatening injury or death, you must submit to testing under § 8-738.1.
Boating While Impaired by Drugs or Controlled Substances
Maryland law also prohibits boating while impaired by drugs:
- § 8–738(a3): Impairment by any drug or combination of drugs and alcohol
- § 8–738(a4): Impairment by a controlled dangerous substance
These offenses carry similar penalties to alcohol-related BUI charges. The state must prove either general drug impairment or the specific controlled substance involved.
How Are Boating Cases Different from Driving Cases?
While DUI laws apply to both cars and boats, boating cases may be handled differently:
- Probation Before Judgment (PBJ): Courts may offer PBJ, allowing you to avoid a conviction if you complete probation. This may make you eligible for expungement later.
- Court discretion: Judges may treat boating offenses differently depending on the facts of the case.
Click to contact our lawyers today
What Are the Long-Term Consequences of a DUI or BWI Record?
Having a DUI or BWI on your record can affect your life in many ways:
- Trouble getting jobs that require driving or security clearance
- Higher insurance costs
- Impact on child custody or visitation
- Loss of professional licenses
- Loss of boating privileges
Complete a Free Case Evaluation form now
How does Driving While Impaired (DWI) differ from DUI in Maryland?
Driving While Impaired (DWI) involves operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.07%, which is lower than the DUI threshold of 0.08%. While not classified as legally “intoxicated,” DWI still carries serious penalties, including up to two months in jail, a $500 fine, and 8 points added to your driver’s license record. For more information, visit Maryland’s DUI and DWI Laws.
Can a BWI Charge Affect My Driver’s License?
In most cases, a BWI conviction does not result in driver’s license suspension. However, if the incident involves related driving offenses or aggravating circumstances, it may have broader implications. The Maryland MVA outlines administrative penalties for impaired driving.
Are the Enforcement Standards for BWI and DWI Similar?
Yes. Both BWI and DWI are enforced based on observable impairment or BAC testing. Though prosecuted under different statutes, each offense can lead to criminal consequences.
Enforcement agencies apply similar protocols when investigating suspected impairment, regardless of whether the individual is operating a boat or a motor vehicle.
Can Boating While Intoxicated (BWI) Be Charged as a Felony in Maryland?
Yes, under Maryland law, Boating While Intoxicated (BWI) can be elevated to a felony offense in certain circumstances. While most BWI charges are classified as misdemeanors, a felony BWI may be pursued if:
- The individual has three or more prior convictions for BWI or DWI within the past 10 years, or
- There is a prior felony conviction for BWI or DWI at any point in their lifetime.
Additionally, BWI offenses that result in life–threatening injuries or fatalities may also be prosecuted as felonies under Maryland’s criminal code. For example, causing the death of another person while operating a vessel under the influence can lead to felony charges with penalties of up to five years imprisonment and $5,000 in fines.
Contact An Experienced Criminal Defense Attorney
Boating While Impaired (BWI) and Boating Under the Influence (BUI) are serious offenses in Maryland—and navigating the legal consequences can feel just as turbulent as the water itself.
Whether you’re facing a first-time charge or a repeat violation, the penalties can include steep fines, license suspension, and even jail time. If an accident occurs, the consequences escalate quickly.
At The Bishop Law Group, we understand the complexities of Maryland’s boating laws and are here to provide experienced, compassionate guidance when you need it most. Don’t let one moment on the water define your future. Contact our team as soon as possible.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
