Boat DUI

Did you know that you could get a DUI, or Reckless Driving while driving a boat, watercraft or even a moped or scooter? The same Blood alcohol and automatic consent to take a blood alcohol test, apply to all vehicles or crafts that have an engine. So if you are out in your boat having a few beers, be aware that you could get a DUI as you are trolling for fish. It is important to hire an attorney that can handle these unique cases. There is many a slip between a cup and a lip, as they say. Which means just because you are charged with DUI on a boat or while driving a car doesn’t mean you will be found guilty. An attorney that can handle a boat or watercraft DUI, is imperative to maintaining your liberty. DUI on boats or watercraft apply to all waterways in the Commonwealth. Just as DUI can apply to boats or watercraft, so does Reckless Driving apply to boats, watercraft and scooters.

A person shall be guilty of reckless operation of a motorboat or vessel who operates any personal watercraft recklessly or at a speed or in such a manner so as to endanger the life, limb or property of any person, which shall include, but not be limited to:

1. Weaving through vessels which are underway, stopped, moored or at anchor while exceeding a reasonable speed under the circumstances and traffic conditions existing at the time;

2. Following another vessel or person on water skis or other similar device, crossing the path of another vessel, or jumping the wake of another vessel more closely than is reasonable and prudent, having due regard to the speed of both vessels and the traffic on and the condition of the waters at the time;

3. Crossing between the towing vessel and a person on water skis or other device; or

4. Steering toward an object or person and turning sharply in close proximity to such object or person in order to spray or attempt to spray the object or person with the wash or jet spray of the personal watercraft.

A person who violates this section shall be guilty of a Class 1 misdemeanor, and for a second or subsequent offense, the court shall order the person not to operate a personal watercraft which is underway upon the waters of the Commonwealth for a period of twelve months.

Driving Under the Influence (DUI) of Alcohol

• When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or watercraft is impaired.

• A second DUI offense carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20 percent or higher at the time of the third offense, you face additional mandatory jail time.

Driving Under the Influence (DUI) of Drugs

• If your driving is affected because you are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.

Transporting Children While Driving Under the Influence

• You are subject to an extra penalty if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1,000 and a 40-hour community service requirement.

Vehicle Impoundment

• The vehicle you are driving will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol‑related offense. The court can impound the vehicle for an additional 90 days following conviction.

The owner of the impounded vehicle (other than the driver) may petition the court for release of the vehicle.

• Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor.

Administrative License Revocation

• Your driver's license will be automatically revoked for seven days if your BAC is 0.08 percent or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol-related offense.

underage drinkers driving under the influence of alcohol or drugs

Equal Penalties -

• Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.

Zero Tolerance for Under Age 21-

• If you are under age 21, and you drive with a BAC of at least 0.02 percent but less than 0.08 percent you will receive a fine of up to $500 and a six month driver's license suspension.

In-Car Breath Test Equipment Requirement -

• If convicted of a second DUI offense within five years of a first offense, you will lose your license for three years. You must use an ignition interlock for six months or more on every vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years).

Access to Alcohol for Persons Under Age 21 is Prohibited-

• If you sell alcoholic beverages to a person under age 21, you are subject to a fine of up to $2,500 and/or 12 months in jail.

• If you purchase alcoholic beverages for a person you know to be under age 21, you face a fine of up to $2,500 and/or 12 months in jail.

• If you are under age 21 and you are in possession of an alcoholic beverage, you face a fine ranging from $500 to $2,500 and up to 12 months in jail.

• Drinking or possessing alcoholic beverages on public school grounds can result in a fine of up to $1,000 and six months in jail.

Misrepresentation of Age -

• If you are under age 21 and you use or attempt to use an altered, fictitious, simulated document, or student ID to establish a false age in an attempt to purchase alcoholic beverages you could face the following penalties:

• a fine from $500 to $2,500

• be required to perform at least 50 hours of community service

• face up to 12 months in jail