For many adults, boats offer more than just a means of transportation– they can be veritable party venues. However, although there are no restrictions regarding the presence of alcohol, if you’re in charge of operating the vessel, you should never do so while intoxicated. Across the United States, boating under the influence (BUI) is illegal and treated similarly to driving under the influence (DUI). If you’re caught doing so in West Virginia, here’s what you need to know.

A Guide to Boat-Related DUIs in West Virginia

Basics

According to Chapter 20, Article 7 of the West Virginia Code, anyone found under the influence of alcohol, drugs, or a controlled substance is prohibited from operating any “motorized vessel”; this includes motorboats and jet-skis. Just like with DUIs, if you’re 21 years of age and have a blood alcohol concentration (BAC) level measuring more than 0.08%, it constitutes being under the influence. If you’re underage, any BAC percentage counts as intoxication.

Legal Consequences

Whether a BUI is treated as a misdemeanor or a felony depends on the outcome of the situation. If you’re found guilty of operating the boat while intoxicated, assuming no one was hurt and it’s your first BUI or DUI conviction, it’s considered a misdemeanor. You’ll face a fine of up to $500 or up to 6 months imprisonment in the county or regional jail.

If there’s an accident that results in any bodily harm, whether to yourself or someone else, it’s still a misdemeanor; however, the upper limits of the fine go up to $1000, and the jail term extends up to a year. If a death occurs within a year of an accident, it usually becomes a felony; the fine then goes up to $3000 and the imprisonment up to 10 years.

If you or someone you know has been charged with a BUI or a DUI in West Virginia, contact the Kratovil Law Offices, PLLC. Located in Charles Town, their experienced criminal defense team has served the state for more than 35 years. They have handled both misdemeanors and felonies. You can learn more about their practice on the website. If you’re ready for a free consultation, call them today at (304) 728-7718.