From cruising across Grand Lake to fishing at Lake Murray, Oklahomans love spending time on the water. With close to 200,000 registered boats and dozens of lakes across the state, there’s no shortage of opportunities to get out and enjoy a day on the water.
In Oklahoma, boating laws are enforced by the Oklahoma Highway Patrol (OHP), specifically through the Marine Enforcement Division (Troop W). In addition, the Grand River Dam Authority (GRDA) enforces boating laws on waters within its jurisdiction. Some municipalities may also operate local lake patrol units. They monitor for reckless boating, help in emergencies, and issue citations—including for drunk driving a boat.
What Is Boating While Intoxicated (BWI)?
In Oklahoma, it is illegal to operate a boat while under the influence of alcohol or drugs, similar to driving a car while intoxicated. However, this charge isn’t actually called “boating while intoxicated.” While there is a driving while impaired (DWI) charge in Oklahoma, the only charge when you’re operating a boat is called boating under the influence (BUI).
What Is Boating Under the Influence (BUI)?
Here’s what the law states: A person is prohibited from operating or having actual physical control of a vessel on public waterways if they have a blood or breath alcohol concentration (BAC) of 0.08% or higher, or are under the influence of any intoxicating substance, or a combination of substances, that impairs their ability to safely operate the vessel. The blood alcohol level for boating is the same as driving under the influence (DUI), which applies to operating a motor vehicle on a roadway.
What’s the Penalty for Boating Under the Influence in Oklahoma?
A BUI conviction in Oklahoma is considered a misdemeanor, much like a first-time DUI on the road. If convicted, the penalties include a fine of up to $1,000 for a first offense and a fine of up to $2,500 for any additional offenses. This is different from the possible DUI penalties, which include up to a year in jail even for a first-time offense. Keep in mind, however, that you’ll still have a BUI arrest and misdemeanor conviction on your record, which could affect your employment, especially if you drive for work.
Does a BUI Affect Your Driver’s License?
No, a BUI conviction does not impact your Oklahoma driver’s license. In more than a dozen states, drunk driving a boat can lead to a suspension of your roadway driving privileges, but not in Oklahoma. While a DUI on the road can result in the loss of your license and increased insurance costs, a BUI is a separate offense that only affects your boating privileges and legal record.
When Can You Get a BUI in Oklahoma?
You can be charged with a BUI when you’re operating or in actual physical control of a boat on public waterways. “Operating a boat” is straightforward—it means you’re actively driving it. However, “actual physical control” (APC) is a broader term.
With APC, you don’t have to be moving to be considered in control. If you’re sitting behind the wheel of an anchored boat and have the ability to start or steer it, you could still be charged with BUI. On the other hand, if you’re away from the boat, such as onshore, you typically can’t be cited until you return to the boat.
Oklahoma law defines a “vessel” broadly as any device capable of being used as transportation on the water. This includes motorboats, sailboats, jet skis, personal watercraft, and potentially even non-motorized vessels. The law applies to any public body of water, meaning privately owned ponds and lakes are generally exempt.
What Happens If You’re “Pulled Over” on a Boat?
While the blood alcohol level for boating is the same as a DUI, a key difference is that boats don’t follow the same structured traffic laws as road vehicles. This means marine officers rely more on observing erratic behavior rather than specific traffic violations to identify impaired drivers.
If a marine officer suspects you’re drunk driving a boat, they’ll assess you for signs of impairment, such as slurred speech or bloodshot eyes. If there’s reasonable suspicion, they may administer a breathalyzer test. If they suspect drug use, they may arrest you and require a blood test.
Like with roadway DUIs, Oklahoma has an implied consent law for boating. This means that by operating a vessel on public waters, you automatically agree to submit to a breath or blood test if suspected of BUI. Refusing to take the test could lead to harsher penalties if you’re convicted.
What to Do If You’ve Been Charged with BUI in Oklahoma
Boating under the influence might not seem as serious as a DUI on the road, but it can still lead to significant fines and a criminal record. Repeat offenses carry harsher penalties, making it important to take any BUI charge seriously.
An experienced attorney can help you understand your legal options and work to get the best possible outcome for your case. If you’ve been charged with BUI in Oklahoma, contact the Oklahoma DUI Guy today for a consultation.