Intoxicated Boating in Warren, Trumbull County, Ohio

Just as it’s illegal to drive under the influence, operating a boat while intoxicated is also prohibited in Ohio. A knowledgeable Warren OVI lawyer would advise you to have a designated driver if you plan on enjoying time on the lake or river.

Ohio Revised Code and Intoxicated Boating

What the Law States

According to Chapter 1547.11 of the Ohio Revised Code, operating or controlling a watercraft (such as a boat, aquaplane, water skis, or similar devices) is illegal if the operator has a Blood Alcohol Content (BAC) of 0.08 percent or higher, or is under the influence of drugs, alcohol, or a combination thereof.

BAC Limits for Underage Operators

For individuals under 21, the BAC limit is reduced to 0.02 percent.

Definition of Drugs of Abuse

The law defines drugs of abuse as any medication that can impair a person’s reflexes or judgment. This includes dangerous drugs, over-the-counter (OTC) medicines, prescription drugs, and controlled substances.

Dangerous Drugs and Controlled Substances

Dangerous drugs include LSD, methamphetamine, heroin, marijuana, and cocaine. These are similar to controlled substances, which also encompass opioid painkillers and other prescription medications.

Over-the-Counter Medications

OTC medicines that could impair your reflexes or judgment include allergy medicines, cold and cough remedies, and sleep aids. Remember, alcohol can amplify the effects of these medicines. Consuming alcohol after taking an antihistamine can leave you too impaired to operate a boat safely.

When Can My Boat Be Stopped?

Differences from Car Stops

Unlike traffic stops, where police need reasonable suspicion to pull you over, the Coast Guard can stop your boat at any time without a warrant. They may inspect your safety equipment and check for signs of intoxication among operators. Local police, county sheriffs, and state troopers can also stop your boat if they suspect a safety violation or intoxicated operation.

Rules for Passengers

Passengers are allowed to consume alcohol freely, but the boat’s operator must remain sober at all times.

Definition of “Boat’s Operator”

Identifying the Operator

Identifying the operator of a boat isn’t always straightforward. If multiple people are capable of operating the boat, they might take turns or leave the vessel unmanned while swimming. In such cases, the Coast Guard may hold the boat owner responsible and test their sobriety, or they might test everyone on board.

Penalties for Drunk Boating in Ohio

First Offense

A first offense for boating while intoxicated results in a fine ranging from $150 to $1,000 and a jail sentence of 3 days to 6 months.

Second Offense

A second offense carries the same fine range but increases the jail time to between 10 days and 6 months.

Third Offense

For a third offense, the operator faces a fine up to $1,000 and a jail term of 30 days to 1 year.

Implied Consent

Similarities to Driving Laws

Ohio’s implied consent law applies to boat operators, requiring them to submit to chemical testing by merely operating the vessel. Refusing to comply results in losing the ability to operate or register a watercraft for 1 year.

Licensing Information

Ohio only issues boating licenses for commercial use, such as pleasure cruises or fishing charters. Recreational users do not need a license, and thus it cannot be revoked. Importantly, a conviction for boating while intoxicated does not affect your driver’s license for cars or trucks.

Seeking Legal Help

Contacting a Warren criminal Attorney

If you face charges for boating while intoxicated, hiring a Warren criminal attorney can simplify the process. The Youngstown Criminal Law Group is well-versed in OVI law and is available 24/7 to assist you. Contact them at (330) 992-3036 for expert legal help.