Boating Under the Influence: Idaho's Laws and Penalties
For many people, summertime in North Idaho means getting out on the water. From Lake Coeur d’Alene to the Pend Oreille River, locals and tourists alike enjoy boating, fishing, tubing, jet-skiing, and just plain relaxing with friends and family. However, many of these outings also involve alcohol. That may be understandable, but what many people don’t fully appreciate is that Idaho has BUI (Boating Under the Influence) laws which carry consequences for violations that can be just as serious as those for DUI violations.
At North Idaho Law Group, we represent clients in North Idaho charged with criminal violations, including BUI charges. Before you head out to the water this summer, be prudent and don’t risk accidents or injuries to you, your guests, or others out on the water. Further, don’t risk getting arrested by the local sheriff for a BUI. Here’s what you need to know about BUI laws in Idaho and how they can impact you.
What Is Boating Under the Influence?
Boating under the influence refers to operating any type of watercraft while impaired by alcohol, drugs, or any other substance that affects your ability to operate safely. This includes:
- Motorboats
- Jet skis (personal watercraft)
- Sailboats (even if not under power)
- Any vessel capable of transporting people on water, including paddleboards and kayaks
Under Idaho Code § 67-7034 (Safe Boating Act), it’s illegal to operate a vessel with a blood alcohol content (BAC) of 0.08% or higher. For commercial vessel operators, the legal limit is lower, at just 0.04%.
How Are BUI Laws Enforced in Idaho?
Local Idaho law enforcement agencies, including every County Sheriff’s Office and the Idaho State Police, patrol popular boating areas. Our lakes and rivers can get crowded, and there are no driver’s licenses, traffic lanes, seat belts, or stop signs on the water. Reckless operation or other violations (like speeding through No Wake zones or children not wearing lifejackets) can lead to serious accidents. Patrol boats take public safety seriously and can stop vessels for routine safety checks or if they suspect driver impairment.
If officers believe a boat operator is under the influence, they can conduct field sobriety tests, request a breathalyzer, and arrest on the water. Refusing to take a chemical test may result in immediate penalties, including suspension of boating privileges and fines.
Penalties for Boating Under the Influence in Idaho
Boating under the influence in Idaho is classified as a misdemeanor, but that does not mean the consequences are minor. Penalties for a first-time BUI conviction may include:
- Up to 6 months in jail
- Fines up to $1,000
- Mandatory boating safety classes
- Suspension of boating privileges
If you have previous DUI or BUI offenses, or if someone is injured due to impaired operation, the penalties increase significantly. In cases involving serious injury or death, you could face felony charges, extended jail time, and significant fines.
Alcohol Affects Boaters Differently
Having a beer on your boat may seem harmless, but boating while drinking can be more dangerous than driving after drinking because of “boater’s fatigue.” Sun, wind, vibration, and wave motion magnify the effects of alcohol. A person might feel sober on land but become significantly impaired after a few drinks on the water. Alcohol slows reaction time, affects balance, and impairs judgment—each critical for safe boating—raising the likelihood of a BUI arrest.
Stay Safe and Sober on the Water
- Designate a sober boat operator, just like you would with a car.
- Limit alcohol intake while on the water.
- Know the law, and make sure your passengers do, too.
- Consider a boating safety course; some insurers offer discounts.
What to Do If You’re Charged with BUI in North Idaho
If you’re facing a boating under the influence charge in Bonner, Kootenai, Boundary, Benewah, or Shoshone counties, speak with a criminal defense attorney at North Idaho Law Group as soon as possible. We understand Idaho’s BUI laws and will review your case to find the best avenues for a strong defense—whether challenging testing procedures, negotiating reduced charges, or seeking dismissal. Don’t try to navigate the criminal process alone; get a strong advocate to fight for you.
Like all criminal charges, a BUI conviction has impacts far beyond immediate penalties. Even a short jail term may jeopardize employment and finances. A criminal record can affect future work, insurance rates, and housing. A BUI can impact your privileges to operate watercraft or other vehicles. At North Idaho Law Group, our goal is to protect your rights and get your life back on solid ground. If you are facing a BUI charge, contact our office for a confidential consultation. We’ll help you build a strong defense to seek the best possible outcome.
The information above is for informational purposes only and should not be interpreted as legal advice for any specific individual or case.