Intoxicated Boating in Ohio

Just as driving a car while intoxicated is illegal, operating a boat under the influence is also prohibited in Ohio. It’s always a wise decision to have a designated operator for your vessel when you’re planning a day on the lake or river.

Ohio Code Chapter 1547.11 outlines the laws regarding intoxicated boating. The law states that no individual may operate or have physical control of any watercraft—which includes boats, aquaplanes, water skis, and similar devices—if their Blood Alcohol Content (BAC) is 0.08% or higher. This prohibition also applies if they are under the influence of alcohol, a drug of abuse, or a combination of both. A good New Castle criminal lawyer can provide guidance on these specific regulations.

For operators under the age of 21, the legal BAC limit is significantly lower, dropping to 0.02%.

What Qualifies as a “Drug of Abuse”?

The law defines “drugs of abuse” as any medication that can impair a person’s judgment or slow their reflexes. This broad category includes:

• Controlled substances
• Prescription drugs
• Over-the-counter (OTC) medicines
• Dangerous drugs

Dangerous drugs encompass substances like LSD, methamphetamine, heroin, marijuana, and cocaine. This classification is similar to controlled substances but specifically includes prescription medications such as opioid painkillers.

Even common OTC medicines can lead to impairment. For instance, allergy medications, cough and cold remedies, and sleep aids can all affect your reflexes and judgment. It’s crucial to remember that alcohol can intensify the effects of these medications. Having a few beers after taking an antihistamine could be enough to render you too intoxicated to safely operate a boat. Consulting with a New Castle DUI lawyer is advisable if you face charges under these circumstances.

When Can Law Enforcement Stop My Boat?

The regulations for stopping a boat are different from those for a car. While police need reasonable suspicion to pull over a vehicle, the Coast Guard has the authority to stop a boat at any time for a safety inspection, without needing a warrant or suspicion of wrongdoing. If they observe any signs of alcohol consumption, they can then test the operator for intoxication.

Furthermore, local police officers, county sheriffs, and state troopers can also stop your vessel if they suspect a safety violation or believe the operator is intoxicated. While passengers are free to drink, the person operating the boat must remain sober. A skilled New Castle criminal lawyer from Youngstown Criminal Law Group can help you understand your rights during such stops.

Who is Considered the “Boat’s Operator”?

Determining who is operating a boat can be more complex than identifying the driver of a car. If several people on board know how to operate the vessel, they might take turns at the helm. In other situations, the boat might be anchored in a lake or river while everyone swims, leaving no one in direct control.

In these scenarios, law enforcement officers may identify the boat’s owner as the responsible party and administer a sobriety test. Alternatively, they might decide to test everyone on board to determine who was in control. Engaging a New Castle DUI lawyer can be critical in navigating the complexities of such a situation.

What Are the Penalties for Boating While Intoxicated in Ohio?

The consequences for operating a boat while intoxicated are serious and escalate with subsequent offenses.

• First Offense: A fine ranging from $150 to $1,000 and a jail sentence of 3 days to 6 months.
• Second Offense: A fine between $150 and $1,000, with an increased jail term of 10 days to 6 months.
• Third Offense: A fine up to $1,000 and a jail sentence of 30 days to 1 year.

Understanding Implied Consent

Similar to the implied consent law for drivers of cars and trucks in Ohio, boat operators automatically consent to chemical testing simply by operating a vessel on the water. If you refuse to submit to a test, you will lose your privilege to operate or register a watercraft for one year.

It is important to note that in Ohio, boating licenses are typically only issued for commercial purposes, such as operating fishing charters or pleasure cruises. If you are using a boat for recreational purposes, whether it’s your own or borrowed, you likely do not have a license that can be revoked. A conviction for boating while intoxicated will not impact your driver’s license for a car or truck. A New Castle criminal lawyer can clarify these distinctions for you.

If you are facing a charge for boating while intoxicated, navigating the legal system can be challenging. Hiring an experienced attorney can make the process more manageable. The Youngstown Criminal Law Group has extensive knowledge of OVI law and is available 24/7 to assist you. Call them at (330) 992-3036.