Boating Under the Influence

Those that reside in and visit Western Washington are aware of the amazing bodies of water that surround the area and make it what it is. When the sun comes out, Lake Washington, Lake Sammamish, and the Puget Sound are packed with all types of boats; from sailboats to large cruisers. While boating is generally an experience that creates an environment conducive to having a good time with friends and family and consuming a few drinks, boaters needs to understand the risks of boating under the influence of alcohol or drugs (BUI). RCW 79A.60.040.

Alcohol affects a person's judgment, vision, balance, and coordination and increases the likelihood of accidents. The effect of alcohol is even more hazardous on the water than on land. The motion, vibration, engine noise, sun, wind, and spray of the boat accelerate a drinker's impairment. The effect of alcohol can also be more dangerous to boaters. Boat operators are often less experienced and less confident on the water than on the highway. Recreational boaters don't have the benefit of experiencing daily boat operation.

Anywhere between 40% to 60% of all water related fatalities involved negligence on the part of an intoxicated boat operator. As such, the Coast Guard, and other local law enforcement have taken Boating Under the Influence (BUI) extremely seriously. The waters are now crowded with not only civilian vessels enjoying the sunshine, but also law enforcement, patrolling the waters in an attempt to keep them safe and alcohol free.

If found to intoxicated while operating a boat on the Washington waters, it is likely you will be charged under Revised Code of Washington RCW 79A.60.040, "Operation of a Vessel Under the Influence of Intoxicating Liquor."

RCW 79A.60.040 states:

(1) It shall be unlawful for any person to operate a vessel in a reckless manner.

(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or

(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

(3) A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.

If a serious injury results at the hands of an intoxicated boat operator, that operator will likely be charged under RCW 79A.60.60, a Class B felony. If the death of a person results as a proximate cause of the operation of any vessel by someone intoxicated, that person will likely face a Class A felony charge under RCW 79A.60.50. Additionally any operator of a vessel who willfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor. RCW 79A.60.080

Boating Under the Influence is a unique crime in the sense law enforcement are almost always at the scene of the crime while the crime is in progress. They have an opportunity to observe and gather evidence while it is fresh. As such, they are generally the prosecution's key witnesses. With a team of prosecutors and these professional, highly trained witnesses all preparing to convict you, you need to take action in order to meet the prosecution and all of their resources.

Serious injuries result from the actions of intoxicated boaters. Along with the other dangers inherent in operating a vessel on crowded Washington water ways at anything less that 100%, abstinence is always the best way to go. However, if you find yourself charged with any of the above-referenced water related crimes, you will need the assistance of an experienced criminal defense attorney to help you navigate the legal system.