Picture this: it's a warm, sunny Saturday in Ocean City. The coolers are full, the music is loud, and your one friend insists he “totally knows how to dock this thing”. The open water is your playground. It's a perfect boat day. 

In those moments, it's easy to forget that a boat is not just a floating tailgate party. It's a vehicle. And the law agrees. 

As the operator of a boat, you are responsible for knowing and adhering to the rules of the water, including all local, state, and federal laws. Any law enforcement agency, including the U.S. Coast Guard, Department of Natural Resources Police, and Ocean City Police Department may stop and board your boat at any time, for any reason.

During these stops, law enforcement will ask a series of questions regarding the boat itself (registration, life jackets, and safety devices). The officer will also look for signs of operator impairment. 

Boat operators must stay alert and under a .08% blood alcohol content, or BAC, to legally captain the boat. However, even if you are under that limit, and a law enforcement officer believes you are not able to safely control your boat due to impairment, whether it's from alcohol, prescription meds, or illegal substances, that's Boating Under the Influence, or BUI. 

Facing a BUI charge in Maryland is serious. A first offense can land you in jail for up to one year, along with a fine that can reach $1,000. However, if this isn't your first run-in with BUI laws, things get worse. By the time you're dealing with a third offense, you could face three years in prison and fines as high as $3,000.

Keep in mind: Maryland has something called implied consent laws. This means you're operating a boat, you've already agreed to take a test if an officer suspects you're under the influence. If you refuse that test, you might lose your boating privileges for a year. Refusing to take the test can complicate things if you face charges again. 

Unlike DUI charges, a BUI conviction won't mess with your driver's license. However, a BUI conviction does count as a prior offense if you are charged with a DUI/DWI in the future. Ultimately, the consequences for BUI are serious – your boating privileges and your criminal record could take a hit. The fines, jail time, and a criminal record are things that could follow you for a very long time.

Not only is BUI a risk to your record, it is a major safety concern for your boat and the boats around you. Every summer, tragic boating accidents occur due to lack of water awareness and impairment from alcohol. Know your waterways, know your limits. 

In short, boat responsibly. 

But if you don't, call Steve Rakow at 410-600-3075.