Many Weld County residents will be boating while drinking this summer. – It’s important to know you can be criminally charged if you operate a boat under the influence of alcohol, or Boating Under the Influence, BUI. While similar to a Driving Under the Influence (DUI) charge it is different since your driver’s license will not be suspended and points will not be assessed. Below, our boating law attorneys at the O’Malley Law Office will discuss Boating Under the Influence. If you are facing a BUI in Larimer County or Fort Collins, get help here.
Colorado Definition of Boating Under the Influence or Operating a Vessel While Under the Influence, C.R.S. 33-13-108.1
The Definition in Colorado of Operating a Vessel While Under the Influence, or Boating Under the Influence, is:
(1)(a) It is a violation for any person to operate or be in actual physical control of a motorized, wind-powered, or flying vessel in this state while:
(I) Under the influence of alcohol;
(II) The amount of alcohol, as shown by analysis of the person’s blood or breath, in the person’s blood is 0.08 or more grams of alcohol per one hundred milliliters of blood or 0.08 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a vessel, if the evidence establishes beyond a reasonable doubt that the person did not consume any alcohol between the time of operation and the time of testing;
(III) Under the influence of any controlled substance as defined in section 18-18-102(5), C.R.S., or any other drug that renders the person incapable of safely operating a vessel;
(IV) Under the influence of any combination of alcohol and any controlled substance as defined in section 18-18-102(5), C.R.S., or any other drug, when the combination of alcohol and controlled substance or any other drug renders the person incapable of safely operating a vessel.
What is Considered a Vessel in a C.R.S. 33-13-108.1 or BUI Charge in Greeley, Colorado, Court?
In a Boating Under the Influence charge in Greeley, operating a boat while under the influence of alcohol involves many types of boating equipment called vessels, can get a person charged under C.R.S. 33-13-108.1. Examples of vessels include:
- Water skis
- An aquaplane
- A surfboard
- An inner tube
- A stand-up paddleboard
Colorado Law on Vessels Other Than Motorized, Wind Powered or Flying While Drinking Alcohol
In the State of Colorado:
1) No person shall operate any vessel, ride water skis, an aquaplane, a surfboard, an inner tube, or similar device while under the influence of alcohol, controlled substances or any combination of alcohol and any controlled substance or any other drug that renders the person incapable of safely operating a vessel.
2) No person of any age shall operate any vessel, ride water skis, an aquaplane, a surfboard, an inner tube, a stand-up paddleboard, or similar device who has 0.08 percent or more by weight, or alcohol in his or her blood.
3) A person who has been arrested for operating a vessel may be requested to submit to a breath or blood test to determine blood-alcohol content. Refusal of a breath or blood test may be admissible into evidence at trial.
4) A person convicted of a misdemeanor operating a vessel while intoxicated could receive up to a $1,000 dollar fine and one year in jail. They will also have their boating privileges suspended for 3 months for their first conviction.
5) A person convicted of a misdemeanor to operate, manipulate, or ride water skis, an aquaplane, a surfboard, an inner tube, or any similar device could receive up to a $1,000 dollar fine and one year in jail.
Penalties of a Boating Under the Influence Conviction in Weld County
In Weld County, the penalties for Boating Under the Influence, first time conviction, are 5 days – 6 months in the Weld County Jail, a fine of $100 to $1,000, up to two years of probation, and a mandatory 3 month ban on boating in state waters. A second or subsequent offense for BUI is punishable by 60 days to 1 year in jail, $600 to $1,000 in fines, 48 to 120 hours of public service and a year prohibition from operating a vessel.
A person convicted of a misdemeanor to operate, manipulate, or ride water skis, an aquaplane, a surfboard, an inner tube, or any similar device could receive up to a $1,000 dollar fine and one year in jail.
Related Boating Criminal Charges to BUI in Windsor, Colorado
In Windsor and across Colorado, many people own boats and they should understand the laws and offenses which can occur when operating a boat. BUI is only one criminal offense related to boating. Other related criminal offenses are:
- Careless Operation of a Vessel – C.R.S. 33-13-108 (2)(a)
- Reckless Operation of a Vessel – C.R.S. 33-13-108 (3)
- Allowing Another to Operate a Vessel While Under the Influence – C.R.S. 33-13-108.1 (13)
- Operating a Vessel While the Privilege to Operate is Suspended – C.R.S. 33-13-108.2
- Boat Accident Reporting: Collisions, Accidents, and Casualties – C.R.S. 33-13-109
Enjoying the lakes and waterways that are in the Weld County and Greeley areas is an important part of people’s summertime. Our top Weld County attorneys can help you if you are facing any of the Boating offenses discussed above.