Pennsylvania Boating Under the Influence

If you have been charged with boating under the influence in the state of Pennsylvania, you need representation! Just like a DUI charge, this criminal offense is serious and the penalties for a conviction are severe. To ensure your rights are protected, contact our dedicated DUI lawyers—we specialize in representing clients charged with boating under the influence.

The penalties for being convicted of boating under the influence

Whether you were convicted of boating under the influence for the use of alcohol, drugs or a combination of the two, you’ll face a fine between $500 and $7500 depending on the severity of your case. For example, if there was a death involved, you’ll face a fine of $2500 to $15000 and a jail sentence of up to seven years. This will also go on your criminal record. You may also be sent to jail for up to two years and will face the loss of your boating rights for 12 months.

A waterways conservation officer, just like police, must have reasonable reason to believe that you were operating or were in physical control of your watercraft. If they did have reason to believe you were the boat’s operator, they can ask you to submit to a breath test. While they cannot force you to comply, by operating a watercraft in the Commonwealth waters you have given your implied consent to submit to a breath test if it’s believed you are boating under the influence. You can refuse, however the Commonwealth will suspend your boating rights for 12 months. Your refusal of chemical testing can also be submitted as evidence of your “guilt” once you are in court.

If you do agree to a chemical test, the waterways conservation officer will give you a breath test. There have also been field sobriety tests set up for those suspected of boating under the influence and the officer may ask you to take one or two of those as well.

While it may be legal to drink on your boat in some waterways, make sure you contact the local authorities before you bring alcohol into certain areas.