Intoxicated Boating in Warren, Trumbull County, OH

Just as it’s illegal to drive under the influence, operating a boat while intoxicated is also prohibited in Ohio. It’s wise to have a designated driver when you head out on the lake or river, as any knowledgeable Warren OVI lawyer would advise.

Ohio Revised Code on Intoxicated Boating

Definition and Limits

Chapter 1547.11 of the Ohio Revised Code states that no individual shall operate or be in control of a watercraft (including boats, aquaplanes, water skis, or similar devices) if they have a Blood Alcohol Content (BAC) of 0.08 percent or more, or if they are under the influence of alcohol, drugs of abuse, or a combination thereof.

• For individuals under 21 years old, the BAC limit is lower, set at 0.02 percent.

Drugs of Abuse

The law defines drugs of abuse as any substance that can impair a person’s reflexes or judgment. This includes:

• Dangerous drugs such as LSD, methamphetamine, heroin, marijuana, and cocaine.
• Controlled substances including opioid painkillers and other prescription medications.
• Over-the-counter (OTC) medications like allergy pills, cold and cough remedies, and sleep aids. Remember, combining these with alcohol can significantly amplify their effects, making you unfit to operate a boat.

When Can My Boat Be Stopped?

Unlike car stops, where officers need reasonable suspicion, the Coast Guard can stop your boat at any time, without a warrant. They may do so to inspect safety equipment or if there’s evidence of alcohol consumption, they can check the operator’s sobriety. Local police, county sheriffs, and state troopers can also stop your boat if they suspect any safety violations or believe the operator is intoxicated.

• Passengers are allowed to drink, but the boat’s operator must remain sober at all times.

Definition of “Boat’s Operator”

While it’s clear who drives a car, it’s not always obvious with a boat. If multiple people know how to operate it, they might take turns or leave it unattended while swimming. In such cases, the Coast Guard or other officers may either hold the boat owner accountable and test their sobriety or test everyone present.

Penalties for Drunk Boating in Ohio

First Offense

• Fine: Between $150 and $1,000
• Jail Time: 3 days to 6 months

Second Offense

• Fine: Same as first offense
• Jail Time: 10 days to 6 months

Third Offense

• Fine: Up to $1,000
• Jail Time: 30 days to 1 year

Implied Consent

Similar to Ohio’s implied consent laws for car drivers, boat operators also give implied consent to chemical testing simply by operating the vessel. Refusal to comply results in losing the ability to operate or register a watercraft for one year.

• Boating Licenses in Ohio are only issued for commercial use, such as for pleasure cruises or fishing. Recreational users don’t require a license, so it cannot be revoked. Importantly, a boating while intoxicated conviction does not impact your car or truck driver’s license.

If you face a boating while intoxicated charge, making your life easier with legal help is crucial. 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.Remember: Stay safe and always designate a sober operator when enjoying Ohio’s beautiful waterways.