Intoxicated Boating in Ohio

Just as driving under the influence is prohibited on the road, operating a boat while intoxicated is also illegal in Ohio. A skilled Carrollton OVI lawyer would strongly recommend designating a sober captain when heading out to enjoy Ohio’s beautiful waterways.

What Does the Law Say About Intoxicated Boating?

The Ohio Revised Code, under Section 1547.11, clearly lays out the regulations concerning boating under the influence (BUI). It prohibits anyone from operating or controlling watercraft—whether it’s a boat, aquaplane, water skis, or similar devices—when:

• Blood Alcohol Content (BAC) is 0.08% or higher.
• The individual is under the influence of alcohol, drugs of abuse, or a combination of the two.

The law has even stricter regulations for operators under the age of 21, lowering the allowable BAC to 0.02%.

What Are “Drugs of Abuse”?

According to the law, drugs of abuse encompass substances that impair reflexes or judgment. These include:

• Controlled Substances and Dangerous Drugs such as LSD, methamphetamine, heroin, marijuana, and cocaine.
• Prescription Medications like opioid painkillers and other prescription drugs.
• Over-the-Counter (OTC) Medicines such as antihistamines, cold and cough medications, or sleep aids.

It’s also worth noting that alcohol can amplify the effects of many OTC or prescription medications. Consuming even a couple of beers after taking allergy medicine, for example, could result in reduced physical abilities and poor decision-making, making it unsafe to operate a boat.

When Can Authorities Stop Your Boat?

Unlike the rules for motor vehicles on roads, the regulations for stopping boats are different. Officers need reasonable suspicion to pull over a car, but on the water, the Coast Guard can stop a vessel at any time. They don’t need prior suspicion or a warrant—they can halt a boat to ensure safety protocols are being followed.

If authorities detect evidence of alcohol consumption, they are further authorized to assess the sobriety of the boat’s operator. Police officers from local cities, Carroll County sheriffs, and state troopers can also stop watercraft if there’s suspicion of a safety violation or an intoxicated operator.

• Passengers Alert—While passengers may consume alcohol freely, the operator of the vessel must remain sober at all times.

Determining the “Boat’s Operator”

Unlike a car, identifying the operator of a boat isn’t always straightforward. If a group is sharing operating duties or no one is actively navigating the vessel (for example, everyone is swimming while the boat drifts), officers may:

1. Declare the boat owner responsible and test for sobriety.
2. Test everyone on board to determine accountability.

Penalties for Boating Under the Influence in Ohio

Ohio has strict penalties for boating while intoxicated. Depending on the number of prior offenses, a convicted operator faces hefty fines and jail time:

• First Offense
• Fine of $150 to $1,000.
• Jail time ranging from 3 days to 6 months.

• Second Offense
• Fine of $150 to $1,000.
• Jail time between 10 days and 6 months.

• Third Offense
• Fine up to $1,000.
• Jail duration from 30 days to 1 year.

Implied Consent in Boating

Similar to the implied consent rule for road vehicle drivers, boat operators in Ohio agree to chemical testing simply by taking control of a vessel. Refusing to submit to testing results in losing the privilege to operate or register watercraft for 1 year.

However, it’s important to highlight that Ohio does not issue licenses for recreational boating. Licenses are only required for commercial boat operations, such as fishing or pleasure cruises. Therefore, while you can lose the ability to register or operate a boat, your driver’s license for road vehicles will remain unaffected by a boating under the influence conviction.

What Should You Do If Charged With Intoxicated Boating?

If you find yourself facing charges for boating while intoxicated, securing the assistance of an experienced Carrollton criminal lawyer is critical. A conviction can result in substantial fines, mandatory jail time, or both. Navigating these complexities alone can make things more challenging.

The Youngstown Criminal Law Group is here to support you with in-depth knowledge of Ohio’s OVI laws and procedures. Available 24/7, their experienced lawyers can help protect your rights and guide you through every step of the process. To get the help you need, call (330) 992-3036.

Boating should be a day of fun, not one that ends in legal trouble. Stay safe, informed, and always designate a sober operator before taking to the water.