The summer heat drives locals and tourists alike to the lakes and rivers, and many assume that boating while drinking is just part of the experience. However, you can face serious consequences if you operate a boat while impaired. Prosecutors do not take boating under the influence (BUI) or boating while intoxicated (BWI) charges lightly. And if you are a working professional, the damage to your reputation may be even more significant than the penalties imposed by the court. It may even have adverse consequences for your professional license. Whether you are unwinding at Blue Springs Lake, Longview Lake, or somewhere else, a Kansas City BWI defense lawyer from Joseph, Hollander & Craft can help protect your record and your livelihood.
Are You Allowed to Drink Alcohol on a Boat in Missouri?
There is no law prohibiting the consumption of alcohol on boats in Missouri. Passengers may drink freely. But a boat’s operator cannot be impaired by alcohol or exceeds the legal limit. If you show any sign that you are under the influence of alcohol, a controlled substance, or another drug, you may be charged with BWI.
What Is the Legal Level of Intoxication on a Boat in Missouri?
Missouri law defines boating while intoxicated as a blood alcohol content of 0.08%. Under this statute, a person commits the offense of BWI if they operate a vessel on Missouri waters while “intoxicated.” The term is defined to mean being “under the influence of alcohol, a controlled substance, or a drug, or any combination thereof.” A blood alcohol content (BAC) of 0.08% or more automatically constitutes BWI, regardless of whether the impairment is visible. Missouri uses the same legal limit for BWI as it does for DWI.
Kansas follows a similar standard, though the offense is generally referred to as boating under the influence or BUI. The crime’s actual title is operating vessel under influence of alcohol or drugs, and it is defined at KSA 32-1131. A BAC of 0.08% also constitutes per se intoxication. As in Missouri, Kansas enforcement officers are authorized to make arrests for BUI based on observed impairment, regardless of your measured BAC.
What Are the Penalties for BWI in Kansas City?
In Missouri, a first-time BWI offense is generally classified as a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. For second and subsequent offenses, penalties increase significantly:
- Second BWI: Class A misdemeanor — up to 1 year in jail and a fine of up to $2,000
- Third BWI: Class E felony — up to 4 years in prison and a $10,000 fine
- Fourth or more: Felony charges carrying longer prison terms and steeper financial penalties
In Kansas, boating under the influence (BUI) carries misdemeanor penalties. A first conviction is punishable by imprisonment of not more than one year and a fine of $100-$500. A second or subsequent conviction is punishable by imprisonment for 90 days to a year and a fine of $100-$500.
How the Penalties Can Change If You’re Suspected of Using a Controlled Substance
Boating while under the influence of a controlled substance, particularly if you are found in possession of a controlled substance, can drastically change the trajectory of your case. You may face additional charges, including possession or use of a controlled substance.
Is a BWI the Same as a DWI/DUI?
There are similarities between BWI and DWI; both offenses hinge on the operator being under the influence, and both share the 0.08% BAC threshold. The use of field sobriety tests and chemical testing are similar, and arrest procedures are also comparable.
However, the long-term consequences differ. A BWI typically does not trigger a driver’s license suspension. It also does not fall under Missouri’s point system for drivers. It still leaves a criminal record, like a DWI, and can severely affect your professional reputation. Be sure you know your Miranda rights and work with a BWI lawyer.
Does a BWI Affect Your Driver’s License?
Not directly. A conviction for boating while intoxicated does not automatically impact your driver’s license. But Missouri may suspend your boater safety certification, and Kansas can restrict your ability to operate a vessel on public waters.
What Happens if You Get a BWI in Missouri?
If a law enforcement officer believes you are under the influence while operating a boat, they may initiate a stop, often under the guise of a routine safety inspection. Once the officer observes signs of impairment (slurred speech, unsteady movements, the smell of alcohol or drugs), they may request field sobriety tests or a preliminary breath test.
Refusing these tests can have consequences, including arrest and charges based on the officer’s observations. If you are arrested, you will be booked, may need to post bond, and will receive a court date. Understand your rights regarding search and seizure. Statements made during this process can be used against you. You have the right to remain silent and consult with an attorney.
How Our Kansas City BWI Attorneys Can Help
A boating while intoxicated charge is not a conviction. At Joseph, Hollander & Craft, our Kansas City BWI attorneys defend clients by challenging every piece of the prosecution’s case — from the legality of the stop to the reliability of field sobriety tests and chemical results.
If the prosecution has a strong case, we will assist you in arguing for a lesser sentence or securing a diversion or suspended imposition of sentence when possible. We will always be looking out for your interests as a whole, including how any outcome may affect your career.
Call Our BWI Lawyers in Kansas City for Help
If you have been accused of boating while under the influence, do not wait for the situation to escalate. The faster you engage legal counsel, the better your chances of resolving the matter favorably. Joseph, Hollander & Craft has defended BWI cases in courtrooms throughout Missouri and Kansas and is well-prepared to advocate for you.
We maintain offices in Kansas City, MO, to better serve the entire Metro, as well as in Overland Park, Lawrence, Topeka, and Wichita,KS, for your convenience. Contact our team to schedule a confidential consultation.