The consequences of any drunk driving offense can be severe, whether it occurred on a road or on the water. Boating under the influence is a serious crime that can result in significant penalties depending on the circumstances and severity of the situation. For more information and legal advice, read on and contact a skilled Dallas County OWI lawyer today.
What is Boating Under the Influence?
Boating under the influence is exactly what it sounds like; it is the criminal offense of being in control of a water vessel while under the influence of drugs and/or alcohol. It is the water equivalent of a DUI (Driving Under the Influence) or OWI (Operating While Intoxicated).
Under Iowa Code § 462A.14, operating a motorboat or sailboat while intoxicated is illegal. The offense is defined as a person operating a motorboat or sailboat on the navigable water of the state in any of the following conditions:
- While under the influence of an alcoholic beverage or other drug or a combination of such substances
- While having an alcohol concentration of .08 or more
- While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine
This law covers both impairment and intoxication. A person can be charged if they are operating a boat while visibly impaired by drugs or alcohol, regardless of their BAC (blood alcohol concentration). In addition, if an individual has a BAC of 0.08% or greater, they can be charged even if there is no noticeable impairment.
What Are the Penalties for Boating Under the Influence in IA?
Boating under the influence is generally charged as a serious misdemeanor in Iowa. Penalties associated with a conviction include the following.
- Imprisonment in the county jail for a minimum of 48 hours
- A fine of $1,000
- Revocation of boating privileges for one year
- Assignment of a substance use disorder evaluation and treatment, and an educational drunk driving course
A second offense is often considered an aggravated misdemeanor, punishable by:
- Imprisonment in the county jail for a minimum of 7 days
- A fine of $1,500 to $5,000
- Revocation of boating privileges for two years
- Assignment of a substance use disorder evaluation and treatment, and an educational drunk driving course
A third or subsequent offense will be charged as a class D felony, which yields the following penalties.
- Imprisonment in the county jail for 30 days to 1 year
- A fine of $2,500 to $7,500
- Revocation of boating privileges for six years
- Assignment of a substance use disorder evaluation and treatment, and an educational drunk driving course
Certain aggravating factors can enhance the penalties the defendant incurs. For example, for a third or subsequent offense resulting in serious injury, an individual may face up to 5 years of imprisonment and the inability to operate a motorboat or sailboat for an additional year.
If the offense results in the death of a person other than the defendant themselves, it is a class B felony punishable by up to 25 years imprisonment, revocation of boating privileges for six years, and assignment of both a substance use disorder evaluation and treatment and an educational drunk driving course.
