Most people know that driving under the influence is a serious offense—but fewer realize that DUI on a boat is also a criminal offense in Maryland. Whether you’re operating a speedboat, sailboat, or Jet Ski, boating under the influence (BUI) and boating while impaired (BWI) can lead to arrest, steep penalties, and even jail time.
If you’re facing BUI or BWI charges in Charles, Calvert, St. Mary’s, or Prince George’s County, here’s what you need to know—and how a Southern Maryland criminal defense lawyer can help.
Can You Get a DUI on a Boat in Maryland?
Yes. In Maryland, you can absolutely be charged with a DUI on a boat. Under state law, it’s illegal to operate any type of vessel while impaired by alcohol or drugs. The legal limit for blood alcohol content (BAC) is the same on water as it is on land: 0.08%.
There are two main types of charges related to impaired boating:
- Boating Under the Influence (BUI) – Operating a vessel with a BAC of 0.08% or higher.
- Boating While Impaired (BWI) – Operating a vessel while impaired by alcohol or drugs, but with a BAC under 0.08%.
Both are enforceable by the Maryland Natural Resources Police, who patrol the waterways and can conduct sobriety checks just like police officers on the road.
What Happens If You Get Caught Boating Under the Influence?
If you’re arrested for a DUI on a boat, the consequences can be serious. Depending on the facts of your case, you could face:
- Fines up to $1,000
- Jail time up to 1 year
- Loss of boating privileges
- Points on your driving record (yes, even though it happened on water)
- Repeat offender enhancements if you’ve had previous DUI or BUI convictions
Maryland takes alcohol-related offenses seriously—whether they occur on the road or the water. In fact, under Maryland Natural Resources Article § 8-738, BUI and BWI offenses carry penalties similar to land-based DUIs.
Do the Police Have to Prove You Were Driving the Boat?
Yes. Just like with a traditional DUI, prosecutors have to prove that you were the person operating the vessel at the time you were under the influence or impaired.
But here’s the catch: Unlike road traffic stops, boating officers have much broader authority. The Natural Resources Police can stop your boat without any suspicion of wrongdoing to check for safety equipment, registration, and—if they suspect impairment—administer sobriety tests.
That means you could be charged with DUI on a boat even if you weren’t speeding or doing anything obviously wrong.
Can a DUI on a Boat Affect Your Driver’s License?
While a boating DUI won’t automatically suspend your Maryland driver’s license, it can still appear on your driving record and may be considered if you’re charged with a future DUI on the road. Judges can also impose additional penalties if you’ve had past alcohol-related offenses—whether on land or water.
Can You Refuse a Breath Test on a Boat?
Yes, but refusing a breathalyzer or chemical test while boating carries consequences. Under Maryland law, a refusal can result in:
- Fines
- Use of the refusal against you in court
- Potential administrative penalties
Even if you think you’re under the limit, it’s best to speak with a lawyer before making any decisions after arrest.
Charged with DUI on a Boat in Southern Maryland?
If you’ve been arrested for DUI on a boat, you need a skilled defense attorney who understands both criminal law and Maryland’s boating laws. At Southern Maryland Criminal Defense, we defend clients facing BUI and BWI charges throughout Charles, Calvert, St. Mary’s, and Prince George’s Counties.
We’ll examine every detail of the stop, the officer’s conduct, and whether your rights were violated. A DUI on the water may seem minor—but the consequences are very real.
Call today for a confidential consultation and find out how we can fight your DUI on a boat charge.
