It’s quite obvious why ‘drinking and driving’ is prohibited, but drinking on a canoe poses no harm to anyone so it’s legal, right? Well, wrong.
So can you actually get a DUI on a Canoe? While technically you can’t get a Driving Under Influence (DUI) while operating water vessels, you can still get a Boating Under Influence (BUI), which is also a law violation.
The question is whether or not a canoe is subject to the same law, or is it an exception since it’s not technically a motorized vehicle? Here’s what you need to know.
What is a BUI?
First off, let’s further explain what BUI is.
Boating Under Influence BUI is the same as a DUI but for watercraft, which means that it is illegal for one to be intoxicated while operating a boat or a watercraft. It’s also an offense punishable by law.
Just like a DUI, breathalyzers, sobriety, and blood alcohol tests are used to determine the Blood Alcohol Concentration (BAC) of the boat operator. If it has exceeded the legal limit of 0.08%, then the driver is going to be punished accordingly. Refusing these tests is also a punishable offense.
Some states have different BAC limitations.
What’s Dangerous About Drunk Boating?
Drinking in the water is actually riskier than drinking and driving, did you know that? Having a drink on the water is more effective than a couple on land.
Drinking on the Water
The effect of alcohol is exacerbated by the sun and water. The heat of the sun’s glare can make one’s intoxication even worse. It leads to dehydration, which increases the effect of alcohol on the body.
Being drunk means a lack of coordination; this combined with being on the water is a recipe for disaster. Add to it poor judgment, lack of concentration, whimsical decisions, vomiting and maybe even passing out, all of these factors combined are bound to lead to fatality. You’re also likely to get real tired, real quick.
Another risk you’re taking if you drink on the water is getting hypothermia. Alcohol lowers body temperature, which is a big deal if you’re on the water.
But What Are the Numbers?
31% of fatalities in boating accidents are due to alcohol consumption, according to the American Boating Association (ABA). Mind you, these are fatalities only, let alone actual accidents that happen due to drinking boaters.
In fact, a man of average size’s chance to get killed in the water increases 30% when he consumes so little as half a beer, as per ABA.
Does this Include Canoes?
Although canoes, kayaks, small rafts, and sailboats don’t have motors, they are still subject to the same laws as bigger boats, according to Alcohol.
Are you wondering what’s the harm of drinking and paddling? It seems deceivingly harmless, doesn’t it? Don’t let it fool you, drinking and paddling can be deadly.
Dangers of BUI on a Canoe
One of the problems with canoes or kayaks is that these vessels are less stable than boats, so they’re more likely to capsize. Add to that the alcohol factor, and the risks increase even more.
If you’re uncoordinated, you can paddle yourself straight into another vessel and capsize. With the risks of being too sluggish or even catching hypothermia, this could lead to death. The same goes for vomiting, making snap decisions or passing out.
The biggest risk, however, is passing out. Losing consciousness while on a canoe or a kayak can lead to drifting into the path of a large ship or a motorized vessel, which can be catastrophic.
According to Coast Guard Mid Atlantic, “eight of ten boaters who drowned last year were using vessels less than 21 feet long.” This proves that whether a vessel is motorized or not, it is still risky to drink and drive.
How Serious Is a BUI?
BUI offense is generally categorized as a gross misdemeanor; however, in some severe cases that likely result in death, it can be considered a felony. Criminal Defense Lawyer pointed out clearly, that this is punishable by large fines and possibly even prison sentences.
Penalties include
- Losing your boating license
- Fines
- Jail
- Criminal charges
- Enrolling in a Substance Abuse Treatment program
- Impounded boat or water vessel
- DUI prior offense
- Losing your driver’s license
BUI Laws in Other Countries
BUI regulations aren’t exclusive to the US. Countries worldwide are well aware of the dangers of boating under the influence. That’s why there are appropriate laws against it almost everywhere.
BUI in Canada
It’s also illegal to be drunk on a canoe in Canada. According to Robichaud’s Criminal Defense Litigation, the Candian Criminal Code prohibits being drunk while operating boats, canoes, kayaks, and paddleboats.
In fact, you can get in trouble for merely being a passenger if you’re intoxicated. You don’t have to even have a paddle in hand. As a drunk passenger, you are not only a danger to your own life, but you can just as easily be distracting to your peers and cause an accident.
Canoeing in the UK
When it comes to the United Kingdom, however, canoeing while drunk is not that big of a deal.
According to The Telegraph, the legal limit is 80mg per 100 milliliters of blood. Exceeding this limit is punishable by a fine of £5,000 maximum.
It also states that these rules apply to watercraft longer than 23 feet and smaller vessels are less likely to be subjected to such punishment.
In fact, British Canoeing simply encourages people to drink responsibly and realize the dangers of being under the influence while on the water. However, it does not state that people should not drink and go canoeing.
The Bottom Line
What do you think? Can you get a DUI on a canoe? Technically speaking, you can drink while you’re on a canoe.
However, you need to keep your Blood Alcohol Concentration level in mind or you might find yourself in trouble. Whether it’s legal trouble or life-threatening, it’s better to be avoided.
Don’t let the lack of motorization on a canoe fool you into thinking you’re exempted from BUIs, you’re not. It can be just as risky as being on a boat or a jet-ski.
And the punishment? You can be putting your driver’s license at peril, so watch out.