Not a DUI in any sense, but still a common charge in Washington over the summer months is that of Boating Under the Influence (BUI).  While there are currently no licensing ramifications nor mandatory jail, it is still a criminal misdemeanor and an alcohol offense.  As such, jail and/or alcohol treatment are potential outcomes in case of a conviction.

The elements of BUI in Washington are similar to that of DUI.  It is a per se violation of the statute if you are operating a vessel and have a BAC of .08 or above. If a breath or blood test is not available to the state, it can attempt to prove a violation of the statute by showing you were appreciably affected by alcohol or drugs (or combination of the two) at the time you were operating the vessel.  Additionally, the BUI statute is also implicated if one is accused of operating the vessel recklessly, whether or not alcohol or drugs are involved.

The statute below spells out what need to be proven to convict one of BUI.  If you have been charged with this offense or believe that you may be, contact one of our Washington BUI lawyers for more information.

RCW 79A.60.040 - Operation of vessel in a reckless manner under the influence of intoxicating liquor – Penalty.

     (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

     (c) The person is under the influence of or affected by intoxicating liquor or any drug; 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.

[1998 c 213 § 7; 1993 c 244 § 8. Prior: 1990 c 231 § 3; 1990 c 31 § 1; 1987 c 373 § 6; 1986 c 153 § 6; 1985 c 267 § 2. Formerly RCW 88.12.025, 88.12.100, and 88.02.095.]

Notes:

     Effective date -- 1998 c 213: See note following RCW 46.20.308.

     Intent -- 1993 c 244: See note following RCW 79A.60.010.

     Effective date -- Severability -- 1990 c 231: See notes following RCW 79A.60.170.

     Legislative finding, purpose -- Severability -- 1987 c 373: See notes following RCW 46.61.502.