Maryland has water everywhere – rivers, bays, and ocean. Waterways are one of the things that make the state so beautiful. Where you have water, you will have boaters. And, it seems, wherever you have recreational boats, you will find drunken boating.
Can You Drink While Operating A Boat In Maryland?
There is no excuse for drunken boating on Maryland’s 1,700 miles along the Chesapeake Bay or 17,000 miles of river. Most people do not think twice about drinking either before boating or on their boat – with friends and family members – and operating the boat under the influence. The reality is that accidents, injuries, and deaths may all result if an accident occurs when someone is drinking and boating – not to mention the lost friendships, jobs, and family futures when there is alcohol involved.
Boats Are Considered Motor Vehicles
In the State of Maryland, motor boats are considered motor vehicles. It is, therefore, against the law to operate a boat under the influence of alcohol. And, under the Maryland system, a driver or boat operator is operating under the influence (OUI) if the amount of alcohol in the bloodstream is 0.08% or higher. An operating while intoxicated (OWI) is .07 — .08. A drunk boater may be arrested and charged with drunk driving if the operator has an illegal percentage of alcohol in his/her system. An OUI conviction does not affect your car driving privileges in Maryland. However, you could lose your boating license – permanently. Penalties for an OUI conviction include a fine up to $1,000 and a jail sentence of up to one year. An OWI carries a 60-day sentence and a $500 fine. Repeat offenses increase the fines and jail time incrementally.
Boats Are Subject to Search
With regard to probable cause, boat operators are less protected from searches than auto drivers. For example, your boat can be stopped and searched by the US coast Guard or MD Natural Resources Police Department at any time. Simply operating a boat on Maryland waters implies your consent to be tested for alcohol or drugs when requested by a law enforcement officer.They do not have to have a reason.
Operator Subject to Testing
Most of those found to be under the influence on a boat were identified during routine stop and searches. When stopped, you may be asked to participate in field sobriety tests. But, until recently, most such tests were designed to be administered on land. Any test may be subject to error. Still, you should be as cautious as you would be if stopped for driving under the influence.
What To Do If You’ve Been Accused of Drunken Boating in Maryland
You would be well advised to seek legal advice from a Maryland Attorney with drunken boating in Maryland court experience. With good legal counsel, there is the possibility that the testing may be faulted or the sentence reduced. Records show that individuals with legal representation will be more likely to get their boating OUI charge reduced or dismissed in court.
Just ask Maryland Delegate Donald H. Dwyer, Jr. who admitted to operating a boat under the influence (three times the .08% limit) before a collision injuring seven people including a four children. Anne Arundel County District Court Judge Robert C. Wilcox sentenced him to 30-days in jail pending appeal. Judge Wilcox described Dwyer’s decision to drink and boat at “a tragedy in the making.”
Boaters Against Drunk Driving –
There is an easier way to avoid the need for an OUI lawyer, and that is to boat without drinking. Check Boaters Against Drunk Driving for statistics on boating under the influence.
