41 Vol. 83, No. 1 | Proceedings Boating is Better Sober by bRian m. mooRe Program and Operations Analyst Office of Auxiliary & Boating Safety U.S. Coast Guard I t is essential for all boaters to recognize the hazards associated with operating a vessel under the influ- ence of alcohol or drugs. Boating under the influence presents distinct risks that may surpass those encoun- tered when driving on land, primarily due to environ- mental factors specific to waterways. Exposure to sun, wind, and waves can accentuate the effects of alcohol, leading to quicker impairment relative to land-based sce- narios, diminishing reaction times, impairing judgment, and increasing the risk of accidents. Statistics continue to indicate that, where a primary cause is known, alcohol is the leading known contrib- uting factor in fatal recreational boat- ing accidents. According to the Coast Guard 2024 Recreational Boating Statistics, alcohol was listed as the leading factor in 20% of deaths and was the primary contributing factor in 244 incidents, resulting in 92 deaths and 192 injuries.1 Federal, state, and local law enforcement agencies’ efforts have made great strides in reducing the number of impaired boaters on U.S. waterways, but more work is needed to meet some of the challenges in detection and enforcement. The Legal Aspects of Boating Under the Influence Boating under the influence—operat- ing any type of vessel while impaired by alcohol or drugs—or BUI, is pro- hibited on every federal navigable waterway and in every state. The fed- eral blood alcohol concentration (BAC) limit for a person operating a recre- ational vessel is .08%.2 Nearly all states have adopted the .08% BAC except for Utah and North Dakota, which have limits of .05% and .1% BAC, respectively.3 Another commonality amongst most states is implied consent laws regarding BUI. Implied consent BUI stipu- lates that individuals operating a vessel on state waters are deemed to have consented to chemical testing if a law enforcement officer has reasonable suspicion of impair- ment. Refusal to undergo such testing may result in pen- alties, including suspension of boating privileges, and may also be submitted as evidence in court proceedings related to BUI charges. Federal penalties for BUI include civil or criminal fines, incarceration, or both. These federal sanctions are distinct from state BUI regulations which may impose further and, in some cases, more severe consequences including additional incarceration, increased financial penalties, and revocation of boating privileges. Penalties such as these are deterrents to stop boaters from operating ves- sels under the influence, but the main purpose is to create safer waterways. Through partnerships between the Coast Guard, state law enforcement agencies, and nonprofit associations— including initiatives such as Operation Dry Water and Sea Tow Foundation’s Sober Skipper Campaign—we have made progress towards safer water- ways by boating sober. Operation Dry Water Operation Dry Water (ODW) is a year- round BUI awareness and enforcement campaign. Its mission is to reduce the number of alcohol- and drug-related recreational boating accidents and fatalities by increasing boat operator awareness and fostering a stronger, more visible deterrent to alcohol use on the water. The National Association of State Boating Law Administrators (NASBLA) launched ODW in 2009 after receiving Coast Guard nonprofit grant funding for the initiative. Since then, the campaign has grown exponentially and is currently coordinating a successful yearlong outreach and awareness. It also includes a targeted nationwide enforcement crackdown on BUI that includes the Fourth of July in every state and territory. Federal penalties for BUI can include civil fines up to $1,000, criminal fines up to $5,000, the potential for one year of incarceration, or a fine and incarceration.
