The snow will soon be melting as summer is rapidly approaching.  Many are already day dreaming about trading their recreation time on their snowmobile for time on the water in their boat.  Boating on Pittsburgh’s three rivers or anywhere else in Pennsylvania can be an enjoyable and rewarding experience. There are boat operators, however, who assume that they can drink on a boat without any consequences, or that the drinking and driving laws do not apply to them.  In Pennsylvania, a boat is a motor vehicle, and boat operators are subject to the same strict laws on drinking and driving as any other motorist.

Being under the influence of alcohol while operating a boat is no less dangerous to other boaters on the waterways than drunk drivers are to other motorists on Pittsburgh highways.  In 2008, 21 percent of all boating deaths in the U.S. were a result of intoxicated operators.

Pennsylvania treats BUI offenses in the same manner as DUI violations. The blood alcohol limitations are the same for either offense.  If your blood alcohol level is 0.08 percent or higher, you are in violation of the law. In all Pennsylvania State parks, alcohol is prohibited.

Drinking while on the water differs from driving a motor vehicle while intoxicated. Being out in the sun can rapidly dehydrate a person, and drinking beer magnifies this effect because alcohol is a diuretic.  This can increase the effects of alcohol resulting in tragic accidents.  Many boating accidents occur when a person falls out of a boat and is not wearing a life vest.  If the water is cold, they can cramp or suffer hypothermia very quickly. Visibility may be limited in the water and confusion intensified by the effects of alcohol can rapidly overcome a person in the water.

Drinking also reduces judgment as well as reaction time.  When this is combined with operating a boat in violation of posted speed limits, a DUI while boating can turn into a vehicular manslaughter offense.  If you are heading for another boat or into a pier, alcohol will impair your sense of speed and distance.  The Pennsylvania House of Representatives has passed a measure that changed the penalty for homicide by a boat or watercraft while under the influence to a second-degree felony, the same as for vehicular homicide. The penalty for a second-degree felony is up to 10 years incarceration.

Like a DUI, a law enforcement officer can arrest you for being under the influence even if you refuse a breath test, which will result in loss of your boating license and your driver’s license. The length of your license suspension, fines, and possible incarceration will depend on whether this is your first offense, and on the results of your blood alcohol test.  Pennsylvania has three levels of DUI penalties, which increase along with your blood alcohol level.

Law enforcement in Pennsylvania needs probable cause before they can board your boat.  You should be aware that other states, like Delaware, do not require cause and may randomly stop and search your vessel at any time.  Boating under the influence of alcohol is not a “party foul” or minor inconvenience in an otherwise fun filled day on the water.  It is a serious criminal offense that can result in incarceration, loss of driving privileges, probation, alcohol, drunk driving school, fines and other penalties.  If you are arrested for boating under the influence, you should contact an experienced Pittsburgh DUI defense attorney today.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943