Boating While Intoxicated (BWI) Lawyers in Minnesota

The legal BAC limit is .08 for motorized watercraft. However, any impairment, regardless of BAC, can result in a BWI charge. 

Yes. If prescription drugs impair your ability to operate a boat safely, you can be charged with BWI under Minnesota law. 

Refusing chemical testing can result in automatic penalties, including suspension of boating privileges and additional fines. 

Yes, especially in cases involving aggravating factors or controlled substances, a BWI conviction may result in driver’s license consequences. 

Yes, Minnesota has specific laws for Boating While Intoxicated (BWI) that account for the unique nature of operating watercraft. While penalties for BWI often resemble those for Driving While Intoxicated (DWI), there are some distinctions: 

• Enforcement Areas: BWI laws apply to all navigable waters in Minnesota, including lakes, rivers, and waterways under state jurisdiction. 
• Jurisdiction: Minnesota’s Department of Natural Resources (DNR) often collaborates with local law enforcement to patrol waterways and enforce BWI laws. 
• Recreational Considerations: Law enforcement typically focuses on periods of high boating activity, such as holidays and weekends, increasing the likelihood of stops and checks. 

If stopped on suspicion of BWI, here’s how you should proceed: 

• Stay Calm and Cooperative: Provide requested documentation, such as your boat registration, but avoid volunteering information about your activities. 
• Be Respectful: Aggressive behavior may escalate the situation or be used against you in court. 
• Decline to Answer Questions Without an Attorney Present: Politely invoke your right to remain silent and request legal representation. 

It’s important to remember that how you conduct yourself during the stop can significantly influence your case later. 

Yes, passengers are generally allowed to consume alcohol and be intoxicated while riding in a boat, as long as they do not operate the watercraft. However, it’s important to note: 

• Disruptive Behavior: Passengers behaving recklessly or creating dangerous situations could result in other charges, such as disorderly conduct or reckless endangerment. 
• Operator Responsibility: As the operator, you are responsible for the overall safety of your passengers and compliance with state boating laws. 

Accidents caused by boating while intoxicated carry severe legal consequences, particularly if injuries or fatalities occur. Potential charges include: 

• Criminal Vehicular Operation: For accidents causing significant injury. 
• Criminal Vehicular Homicide: For accidents resulting in a fatality. 
• Civil Penalties: Victims may file lawsuits for damages, which could result in significant financial liability beyond criminal charges. 

Seeking legal representation immediately after an accident is critical to protecting your rights and minimizing penalties. 

Yes. While BWI laws primarily focus on motorized watercraft, they can apply to non-motorized vessels, such as kayaks, canoes, and paddleboards, if motor assistance is used.  Law enforcement may still stop and test you if they suspect impairment while operating any watercraft. 

Yes, a BWI conviction is a criminal offense and will appear on your record. Depending on the severity of the charge (misdemeanor or felony), it could affect: 

• Employment opportunities. 
• Applications for professional licenses. 
• Background checks for housing or other purposes. 

You may be eligible for expungement of a BWI conviction under certain circumstances, but this process requires time and legal assistance. 

A BWI conviction can have lasting effects beyond fines and immediate penalties, including: 

• Increased insurance premiums for boating and motor vehicles. 
• Restricted access to waterways if boating privileges are revoked. 
• Difficulty obtaining certain jobs or licenses due to a criminal record. 
• Social stigma, particularly for repeat offenses. 

Understanding these potential consequences underscores the importance of mounting a strong legal defense. 

Yes, you can still face BWI charges even if your boat was stationary at the time of the incident. Law enforcement may consider you “in control” of the watercraft if you: 

• Are sitting in the driver’s seat. 
• Have the ignition key in your possession or within reach. 
• Are found attempting to move the boat while impaired. 

This is similar to DWI laws that apply to stationary vehicles, as intent to operate the vessel may suffice for a charge. 

To avoid a BWI charge, follow these tips: 

• Designate a Sober Operator: Just as with driving, ensure someone sober is responsible for operating the watercraft. 
• Know Your Limits: Even small amounts of alcohol can impair your judgment and reaction time. 
• Familiarize Yourself with the Laws: Understanding Minnesota’s boating regulations can help you avoid inadvertent violations. 
• Avoid Mixing Substances: Combining alcohol with prescription or over-the-counter medications can amplify impairment, increasing the likelihood of a BWI charge. 

Penalties for BWI depend on factors such as: 

• Your BAC level. 
• The presence of aggravating factors, such as prior offenses or a minor on board. 
• Whether the incident involved an accident, injury, or fatality. 
• Refusal to submit to chemical testing. 

The penalties can range from fines and boating suspensions for first-time offenders to felony charges and imprisonment for severe cases.