Boating Under the Influence in New Jersey is treated with the same seriousness as driving a car under the influence (DUI

Boating Under the Influence in New Jersey: Staying Safe and Legal This Summer

Art Margeotes, Esq.  /  June 27, 2024

As summer arrives in New Jersey, residents and visitors flock to the state’s beautiful waterways for boating, fishing, and water sports. While these activities offer fun and relaxation, they also come with responsibilities, including the crucial need to avoid Boating Under the Influence (BUI). This blog will explore the legal landscape of BUI in New Jersey, its consequences, and how to stay safe and compliant on the water.

Understanding BUI Laws in New Jersey

Boating Under the Influence in New Jersey is treated with the same seriousness as driving a car under the influence (DUI). The laws are stringent, reflecting the dangers that impaired boating poses to both operators and others on the water.

Legal Limits:

  • For those operating a vessel, the legal Blood Alcohol Concentration (BAC) limit is 0.08%. This limit is consistent with the BAC threshold for motor vehicle drivers.
  • For operators under the age of 21, New Jersey enforces a zero-tolerance policy. Any detectable BAC (0.01% or higher) can result in charges.

Testing and Enforcement:

Law enforcement officers have the authority to stop and inspect boats to ensure compliance with safety regulations. If an officer suspects impairment, they can administer field sobriety tests and request a breathalyzer or blood test.

Penalties for BUI in New Jersey

The penalties for BUI in New Jersey can be severe, reflecting the potential for harm that impaired boating can cause:

First Offense:

  • Fines ranging from $250 to $400.
  • Possible imprisonment for up to 30 days.
  • Loss of boating privileges for one year.
  • Requirement to complete an educational program on the dangers of alcohol and drug use.

Second Offense:

  • Fines ranging from $500 to $1,000.
  • Imprisonment for up to 48 hours to 90 days.
  • Loss of boating privileges for two years.
  • Mandatory participation in an educational program.

Third and Subsequent Offenses:

  • Fines up to $1,000.
  • Imprisonment for up to 180 days.
  • Loss of boating privileges for 10 years.
  • Additional mandatory education and community service.

Additional Consequences:

A BUI conviction can also affect your motor vehicle driving privileges, leading to potential suspensions or additional penalties.

The Risks of Boating Under the Influence

Operating a boat while impaired significantly increases the risk of accidents, injuries, and fatalities. Alcohol affects judgment, coordination, and reaction times, all of which are critical for safe boating. The marine environment can amplify these effects due to factors such as:

Sun Exposure: Prolonged sun exposure can lead to dehydration and increased intoxication levels.

Motion and Vibration: The constant motion and vibration of a boat can intensify the effects of alcohol.

Fatigue: Boating often involves long hours and physical exertion, which can enhance the impairing effects of alcohol.

Tips for Safe Boating in New Jersey

To enjoy New Jersey’s waterways safely and legally, consider the following tips:

Designate a Sober Skipper: Ensure that at least one responsible adult remains sober to operate the boat.

Plan Ahead: Arrange for transportation back home if you plan to consume alcohol on the water.

Know the Laws: Familiarize yourself with New Jersey’s boating regulations and adhere to them strictly.

Stay Hydrated and Protected: Drink plenty of water, use sunscreen, and take breaks in the shade to avoid the compounded effects of alcohol and sun exposure.

Take a Boating Safety Course: Enhance your knowledge of safe boating practices by enrolling in a boating safety course.

Boating is one of the great pleasures of summer in New Jersey, but it comes with significant responsibilities. Understanding and adhering to BUI laws is crucial to ensure your safety and the safety of others on the water. Avoiding alcohol while operating a boat not only keeps you within the bounds of the law but also enhances your ability to enjoy a worry-free day on New Jersey’s stunning waterways.

If you or someone you know is facing BUI charges, seeking professional legal assistance is essential to navigate the legal process and mitigate potential consequences. Stay safe, stay sober, and enjoy all that New Jersey’s boating season has to offer. Please contact me if you have any questions.