It is illegal in Massachusetts to operate any sort of watercraft (jet ski, canoe, kayak, sailboat, rowboat) while impaired by alcohol—not just engine-powered yachts and speedboats. Harbor/Marine Patrol, the Coast Guard, and the Massachusetts Environmental Police all have the authority to arrest you for OUI on a boat, which is sometimes called “Boating Under the Influence of drugs and alcohol” (BUI).
BUI carries similar penalties to the OUI laws in Massachusetts for driving a motor vehicle—in other words, some of the strictest in the nation. The legal limit for Blood Alcohol Content (BAC) in both cases is .08%, and arrests typically involve a combination of officer observations, field sobriety tests (though these are seated on a boat), and breath tests.
You may be wondering, ‘can you drink on a boat if you’re not driving?’ The short answer is yes, it is not illegal for passengers at least 21 years of age to drink alcohol on the boat. Only persons operating the vessel must remain below the BAC limit, for their safety and everyone else’s. However, the presence of alcohol on the boat can never help your defense in a BUI case.
All boats are subject to at-will “safety inspections” under Massachusetts law, so an officer does not need reasonable suspicion to stop your boat or request to board it for inspection. They would, however, need to develop probable cause during this inspection to arrest you for BUI.
Much like with drunk driving charges, your history affects the consequences you can face for BUI. Unlike drunk driving, the maximum “look back” period for drunk boating is 6 or 10 years depending on the offense (not lifetime).
Furthermore, refusing a breathalyzer test (or other BAC test) when arrested for BUI will result in an automatic 120-day suspension of your Massachusetts driver’s license—and a probable revocation of your vessel’s registration for a similar period.
BUI is more than a traffic ticket. It’s a criminal offense that can go on your criminal and driving records if you are found guilty in court. The consequences can be increased for various circumstances in your case, just like with drunk driving:
If you’ve been arrested for BUI, you should reach out to find legal representation with an experienced OUI attorney in Massachusetts immediately. BUI is similar to OUI under Massachusetts law, but there are significant differences that will require expert guidance to navigate as you prepare your defense.