Intoxicated Boating in Ohio

Operating a boat while under the influence is as illegal as drunk driving in Ohio. It’s essential to understand the rules before heading out on the lake or river. A Cadiz OVI lawyer would recommend always designating a sober operator before setting sail.

Ohio law, specifically Chapter 1547.11 of the Ohio Code, governs intoxicated boating. Here’s a breakdown:

What Does Chapter 1547.11 of the Ohio Code Say?

Under Ohio law:

• You are not allowed to operate or be in control of watercraft (boat, aquaplane, water skis, or similar crafts) if:
• Your Blood Alcohol Content (BAC) is 0.08% or higher.
• You are under the influence of alcohol, drugs of abuse, or a combination of both.
• If the operator is under 21 years old, the BAC threshold lowers to 0.02%.

What Are Drugs of Abuse?

Drugs of abuse refer to substances that impair reflexes or judgment, including:

• Controlled substances, such as cocaine, LSD, meth, heroin, and marijuana.
• Dangerous drugs, like opioid painkillers and other prescription drugs.
• Over-the-counter (OTC) medicines, such as allergy medications, cold remedies, and sleeping aids, are included because their effects can be heightened when combined with alcohol.

For instance, drinking a couple of beers after taking an antihistamine can impair you enough to make operating a boat unsafe.

When Can My Boat Be Stopped?

Unlike pulling over vehicles where reasonable suspicion is required, the rules for blocking or inspecting a boat are far different:

• The Coast Guard has the authority to stop your boat at any time, whether or not they suspect wrongdoing. This includes routine checks for safety equipment. If they notice signs of intoxication, they may investigate further.
• Local city officers, Harrison County sheriffs, and state law enforcement also can stop your watercraft upon suspicion of a safety violation or intoxication.

 While passengers on the boat can drink freely, the operator of the boat must remain sober at all times.

Who is Considered the “Boat’s Operator”?

Unlike driving a car, identifying a single responsible person on a boat can be tricky. If multiple people know how to operate the vessel, they might share driving duties or leave it unmanned while swimming. When law enforcement intervenes:

• Officers may test all individuals’ sobriety to determine responsibility.
• Alternatively, the boat’s owner may be deemed the operator by default and required to comply with testing.

Penalties for Boating While Intoxicated in Ohio

Boating under the influence carries severe penalties, especially for repeat offenders. A Cadiz criminal lawyer can help defendants understand the following consequences:

• First Offense:
• Fine between $150 and $1,000.
• Jail time ranging from 3 days to 6 months.
• Second Offense:
• Fine of up to $1,000.
• Jail time between 10 days and 6 months.
• Third Offense:
• Fine reaching as high as $1,000.
• Jail time from 30 days to 1 year.

These penalties increase with subsequent offenses, making it crucial to consult with a Cadiz traffic ticket lawyer if charged.

Implied Consent and Refusal of Testing

Similar to Ohio’s laws governing drivers, boat operators provide implied consent to chemical testing by operating a watercraft. Refusing a test leads to:

• Losing the ability to operate or register a watercraft for 1 year.

For recreational boaters, remember that only commercial licenses for watercraft are issued in Ohio. Thus, penalties won’t affect your car or truck driver’s license.

Protect Yourself With Legal Representation

If you are arrested for intoxicated boating, it’s important to work with a legal expert who specializes in Ohio OVI laws. A Cadiz criminal lawyer is your best ally for navigating the complexities of your case. The Youngstown Criminal Law Group knows OVI laws in Harrison County inside and out and is available 24/7 to assist you. Call today at (330) 992-3036 to get the help you need!

Make the responsible choice before hitting the waterways. Always boat safely—and soberly!