Michigan Laws on Boating Under the Influence

Boating is a fun activity, but it can be dangerous if the operator is under the influence of drugs or alcohol. Michigan law prohibits operating a motorboat while under the influence of drugs or alcohol.

Boating Under the Influence (BUI)

A person can be convicted of a BUI for operating a motorboat with a blood alcohol concentration (BAC) of .08% or greater, with any amount of a controlled substance, or while impaired by drugs and/or alcohol to an extent that the person is substantially deprived of normal control or clarity of mind.

Boating While Visibly Impaired (BWVI)

A person can be convicted of a BWVI for operating a motorboat while visibly impaired by drugs and/or alcohol. 

Potential Penalties

The potential penalties an offender faces depend on which classification he or she is convicted of.

BUI Penalties

The consequences for a first, second, and third BUI are:

– First offense: A first-offense BUI is a misdemeanor and carries up to 45 days of community service, a maximum of 93 days in jail, and fines ranging from $100 to $500. Also, the court can suspend the offender’s privilege to operate a motorboat for one to two years.

– Second offense: If a BUI offender has a prior BUI or BWVI conviction that occurred within the past seven years, the second offense will be a misdemeanor and carry from $200 to $1,000 in fines. The court also must sentence the offender to either ten to 90 days community service and up to one year in jail (option one) or 48 hours to one year in jail and up to 90 days community service (option two). And the court must suspend the offender’s privilege to operate a motorboat for at least two years.

– Third offense: If a BUI offender has two or more prior BUI or BWVI convictions—regardless of how long ago they occurred—the third or subsequent offense will be a felony and carry one year to five years in jail and/or $500 to $5,000 in fines. If the offender has two more priors within the past ten years, the court must suspend the offender’s privilege to operate a motorboat indefinitely. However, if the offender has two or more priors but one or none within the past ten years, the court either can suspend the boater’s operating privilege for one to two years (no priors within seven years) or must suspend the boater’s operating privilege for at least two years (one prior within seven years).