Enforcement and Penalties

The Coast Guard and every state have stringent penalties for violating BUI laws. Penalties can include large fines, suspension or revocation of boat operator privileges, and jail terms. The Coast Guard and the states cooperate fully in enforcement in order to remove impaired boat operators from the waters.

In waters that are overseen solely by the states, the states have the authority to enforce their own BUI statutes. In state waters that are also subject to U.S. jurisdiction, there is concurrent jurisdiction. That means if a boater is apprehended under Federal law in these waters, the Coast Guard will (unless precluded by state law) request that state law enforcement officers take the intoxicated boater into custody.

When the Coast Guard determines that an operator is impaired, the voyage may be terminated. The vessel will be brought to mooring by the Coast Guard or a competent and un-intoxicated person on board the recreational vessel. Depending on the circumstances, the Coast Guard may arrest the operator, detain the operator until sober, or turn the operator over to state or local authorities.