Boating and Drinking--In Virginia, It is the Same as Drinking and Driving

September 28, 2012

During this summer, the Virginia State Police (VSP) and the Virginia Department of Game and Inland Fisheries (VDGIF) Conservation Police worked on a public awareness campaign to remind boaters that if they are intoxicated and boating, they can be caught and charged with Boating under the Influence (BUI), with the same penalties as driving under the influence (DUI).

The campaign notes that 57 percent of fatal boating accidents in 2011 resulted from intoxicated boaters. The video produced by the state police and the conservation police makes their case explicit, when a trooper states, "Drinking and boating is the same as drinking and driving."

Think Twice before Opening a "Cool One" on the lake

While record-setting warm weather this summer seems like the perfect excuse for having a cold drink while enjoying the waters of Virginia's lakes and waterway, the penalties for drinking and boating are the same as those for a DUI charge.

Virginia advertises it is "Tough" on drinking and driving, with some of the most severe penalties in the nation. First time offenders are required to have an ignition interlock device installed on the car they drive.

This device forces the driver to provide a breath sample every time they drive they start their car and additional breath samples at random intervals was they drive. These devices are expensive to install and require a monthly maintenance fee for their operation.

Because BUI and DUI are the same offense, if you have had a prior DUI and BUI conviction will be treated as a second offense, and penalties increase. You will have to install interlocks on every vehicle you own.

If you violate any of the conditions of restricted driving privileges, you could have your vehicle impounded for 90 days.

Other expenses will include reporting to an Alcohol Safety Action Program (ASAP). This program determines the "intervention services" that are most appropriate for your situation. This is done are your expense and demands a minimum of 20 hours of classroom programs.

There are numerous additional penalties depending on your age and prior convictions. If you have been charged with driving or boating under the influence, you should discuss the charges with DUI attorney, who can advise you of any available defenses, and can examine your arrest and testing to determine if any constitutional, technical or procedural errors may have occurred.

Article provided by Raj Dua
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