Boating While Intoxicated: What You Need to Know as Summer Heats Up

As boating season arrives in Ohio, it’s important to recognize that operating a boat under the influence of alcohol is both illegal and dangerous. The law treats boating while intoxicated (BUI/BWI) very similarly to driving under the influence, and enforcement is stricter than most people realize.

Three key takeaways:

• The Law Applies on Water Too: Just like with cars, operating a boat with a blood alcohol level of 0.08% or higher—or appearing impaired—can result in charges under Ohio Revised Code 1547.11. This includes not just motorboats, but also jet skis, canoes, kayaks, and even water skis.
• "Underway" is Broadly Defined: You don’t need to have the engine running to be considered "operating" a boat. If you’re drifting (not anchored or docked), you’re still subject to boating while intoxicated laws.
• Safety is Critical: Boating under the influence increases the risk of serious accidents, including fatalities. Always designate a sober operator, especially on dangerous bodies of water like Lake Erie.

Enjoy your time on the water—just make sure to do it safely and legally.

FAQ's About Boating and Drinking

What does boating while intoxicated mean in Ohio, and how is it enforced?

Boating while intoxicated in Ohio means operating any watercraft with a blood alcohol concentration of 0.08% or higher, or while visibly impaired, with enforcement by ODNR officers and local authorities who watch for suspicious behavior like drinking from red solo cups and operating erratically.

How can someone avoid getting charged with boating under the influence on Ohio lakes?

To avoid getting charged, ensure the boat operator does not consume alcohol, avoid acting suspiciously or recklessly, and be aware that simply drifting or being underway counts as "operating," especially in areas where alcohol is banned, such as certain state parks.

Why is operating a boat under the influence considered so dangerous?

Operating a boat under the influence is particularly dangerous because it impairs judgment and reaction time on unpredictable waters, putting yourself, passengers, and others at serious risk — boating accidents involving alcohol can quickly turn fatal, as illustrated by firsthand experiences on Lake Erie.

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Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2026 Stephen E. Palmer - Attorney At Law

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All right, BUI BWI what does it all mean? Well, it means

it's summertime and it's boating while intoxicated season. That's

right. It is a real thing. People get accused and convicted

of driving or operating their boats under the influence of alcohol all the

time. Even here in Ohio, we've got some big lakes, we've got the Great Lakes

up north, and we got all sorts of former canal feeder lakes around

inside the state, as well as some of the old public works projects from the

30s. A Little History lesson. Anyway,

it's a real thing. You're not allowed to operate a boat under the influence of

alcohol or operate a boat with a prohibited concentration of

alcohol in your blood, breath or urine. Just like driving a car,

sort of. I think this one comes up a lot

because I guess it's sort of like the Internet. You know, people don't realize when

you're on a boat that there's actually a risk there might be police or other

people watching you. They suck down some cold ones while they're

riding their boat around. And by the way, a lot of places you're not even

allowed to have alcohol. So some of these state parks, the public work projects I

was talking about, like Mohican and Deer Creek,

these are state. I don't think you're allowed to have alcohol at all. So that's

a problem from the outset. But beyond that, look, and by

the way, the, the, the

DNR officers, the natural resource officers, they

understand what you're doing when you're holding a red cup. Just saying,

if you want to draw attention to yourself, have a red solo cup

and sip it and act like a jackass and just see if you draw somebody's

attention anyway. So look, how's it work? First of all,

boat is very similar to a car. And this

is all, by the way, for you geeks out there. Revised code, section

1547 11. 1547 11.

And it basically mirrors Ohio's DOI law. So it's two ways

to get charged. One way. One, you're operating a boat with a prohibited concentration

of alcohol in your blood, breath or urine. That's

0.08% in Ohio. Meaning it doesn't matter if you look like you're

impaired. It doesn't matter if you act like you're impaired. Doesn't even matter if you

think you're impaired or not impaired at all. But if you've got a concentration of

alcohol in your blood, breath or urine above or 0.08

or above, then you are committing a Per se violation of

boating while intoxicated. The second way, just like driving a

car, is if you're under the influence. This is the way your granddad knew.

You drank 20 beers and you're just too drunk to be driving a boat.

You're unsteady on your feet even on a boat. You got

slurred speech, you got bloodshot eyes, glassy eyes. You're

acting like a jackass with a red solo cup full of vodka. You're gonna get.

You could be charged with operating a boat under the influence.

A couple interesting nuances to it. Ohio's got something called, I think most people

do, the underway rule. So in cars, we talk about

operating a motor vehicle. And by the way, motor vehicle is a pretty broad

definition. Just as a little aside, we've had folks here in Ohio

driving, riding mowers on the street or in public, getting pulled over

for dui, bicycles, trackless trolleys, whatever.

Boating talks about being underway.

And that means drifting. Even if the engine's turned off,

it's underway unless it's securely tied to a dock, the shore, or

anchored in a legally designated anchorage area.

So, you know, there are places in lakes around where everybody anchors up

for the night or whatever. Or if you're on the hook, I guess, is what

they would say for you. I think that's what they would say

anyway, that. That is underway. So if you're

just drifting around and you say, well, look, officer, I'm not operating my boat at

all. I'm just here drifting around, hanging out, having lunch, you're

still underway and you're going to be considered operating, or the

analogous version of operating. It includes

motorboats, jet skis, canoes, kayaks, even water

skis, apparently. So imagine that you get operating.

So if you're on water skis and you're drunk, you could get a boating while

intoxicated charge. I've never defended one of those, but I would just check me out.

Palmer, legal defense upstairs. So why am I bringing all this up now?

Because it's the season to go boating. Everybody loves it, Everybody's done it.

Not everybody, but you get it. So people go out all the time and they

think that they're going to be okay. They think they're going to be safe. Believe

me, you. You are not. There are ODNR officers

watching from the bushes or from the trees or from the shores. And if you're

acting like a jackass, you're going to get caught. But look beyond that, all joking

aside, I have been on a boat in Lake Erie Before,

I'm not an expert boater. I'm. I am an expert in riding

in boats because I go with people who know what they're doing. But I am

not a boating guy. I don't have a captain's life. Not done any of it.

But I'll tell you a story. I was riding in a boat one time on

Lake Erie with a buddy of mine, and I was young and I was

stupid, and he was the guy in charge of the

boat, and it was a fishing day or whatever it was, and he says,

all right, guys, pull them up. We're going in. And we'd only been out there

for about 10 minutes. Fifteen didn't feel like very long. And you know, the

other two guys on the boat, we were just kept fishing, like, yeah, whatever, dude,

shut up. We're fishing. It's a competition. We're going to win. And he

says, pull him up. And then he finally starts. He screamed at us and

with a bunch of four letter words, you know, pull up the effing poles, we're

going in. And we barely made it in that day because now,

fortunately for us, my buddy was an experienced boater on Lake

Erie. He understood what we were dealing with and he could read

the lake. He saw the storm coming. I think like 10 people died on the

lake that day. We barely got past the break break wall

before the big waves hit. Like, we barely made it in. And

why am I telling you all this? Because there's a reason you shouldn't be drunk,

operating a boat or drifting around on a boat. It's about as

dangerous. It's a really dangerous activity that people don't always understand is dangerous.

There are other water skiers out there. There's swimmers out there. There are people out

there. I've defended people who have been in fatality boat

accidents with alcohol involved. And it's not pretty, I

promise you. So I joke about it and we, you know, say water skis this

way. But look, there's a real lesson to be had here. Go out, enjoy

your boating. Make sure you're with somebody. Like my friend if you're on Lake Erie

that knows that lake because it's a dangerous lake. And just be safe. Look,

have your drinks, but not if you're the guy in charge. It's simple. And

by the way, not if you're at a state park because they'll get you for

that too. Look, if you got your own question you want me to answer, go

to lawyerertalkpodcast.com if you've got a legal problem. By the way,

you can just go to palmerlegaldefense.com Ohio legaldefense.com whatever.

Check me out. I'll be happy to help you out. Lawyer Talk Off The Record

on the air until now.