Boating Under the Influence in Oregon is a crime very similar to Driving Under the Influence. Driving Under the Influence (DUI) in Oregon is more accurately referred to as Driving Under the Influence of Intoxicants (DUII), and similarly Boating Under the Influence (BUI) in Oregon is more accurately referred to as Boating Under the Influence of Intoxicants (BUII) in Oregon. In any event, if you refer to the matter as a “booey” or– interestingly enough– a “buoy,” most people will understand what you’re referring to.
Statewide, BUII arrests have been dropping over the years. The peak was in 2000 with over 250 arrests, but they have dropped consistently statewide since then. Jackson County has historically had a very large number of BUII arrests due to the popularity of the Rogue River and the heavy use of law enforcement patrols. Emigrant Lake and Lost Creek Lake are also very common places for BUII arrests.
If you are heading out to the lake, river, or ocean, and are curious generally about the laws concerning boating laws, requirements, and regulations– or how to avoid being arrested or cited for Boating Under the Influence– you might want to visit the Oregon State Marine Board’s web site.
If you have you been arrested of cited for Boating Under the Influence in Oregon? We can help.
ORS 830.325: Operating boat while under influence of intoxicating liquor or controlled substance
- No person under the influence of an intoxicating liquor or controlled substance shall operate, propel or be in actual physical control of any boat on any waters of this state.
- No owner of a boat or person in charge or in control of a boat shall authorize or knowingly permit the boat to be propelled or operated on any waters of this state by any person who is under the influence of an intoxicating liquor or a controlled substance.
“Can I get a BUII in a kayak or canoe?”
Yes. In Oregon, the BUII law also applies to motorized boats (e.g. speedboats, fishing boats, pontoon boats, jet skis, Sea-Doos, Zodiac inflatable boats, etc) and also non-motorized watercraft (e.g. sail boats canoes, kayaks, stand-up paddle boards, surfboards, and inflatable rafts).
“Can I get a BUII while drinking in someone else’s boat?”
It depends on whether is appears you are intoxicated and “operating, propelling, or in actual physical control of the boat. Something as simple as sitting behind the wheel of a speedboat or holding a paddle or oar could be defined as “operation” of the boat.
“What is the legal limit for BUII in Oregon?”
.08, the same as DUI. However, this is only the presumptive legal limit and you can still be charged with BUII under a .08 if you are
“What is the penalty of BUII in Oregon?”
Essentially the same as a DUI in Oregon. BUII is a Class A misdemeanor which has a maximum penalty of one year in jail, five years probation, and a $6,250 fine. It can also lead to the loss of boating privileges for up to three years. Some counties will reduce the BUII charge from a crime to a violation (more like a traffic ticket).
“How can I fight a BUII charge?”
Many of the same defenses that are available in DUII cases are available in BUII cases. The best course of action after being cited or arrested for BUII in Oregon is as follows:
- If your vessel was seized or impounded, get it out as soon as possible to avoid excess storage charges.
- Take photographs of the vessel and any related equipment if the vessel might not be available later (e.g. a friend’s boat, a boat rental, a boat that you’re selling, etc).
- Do not speak with anyone about the facts of the case or issues surrounding it.
- Gather all of the paperwork you have concerning the investigation and arrest and keep it organized in a safe place.
- Write down as much detail as you can about the incident before memories fade. If other people were witnesses, get their full names and contact information.
- Contact an attorney as soon as possible. Most Oregon criminal defense attorneys offer no-cost consultations, or consultations at a very modest fee.