Summer in Montana means lake days, river floats, and boat outings with friends and family. But while many think of boating as a carefree way to enjoy the outdoors, it’s important to understand that boating under the influence (BUI) is taken just as seriously as driving under the influence on land. In fact, the consequences of a BUI can be just as severe—and sometimes even more dangerous—due to the unique risks that come with watercraft operation.
What Is a BUI?
A BUI, or Boating Under the Influence, occurs when someone operates a boat or any watercraft while impaired by alcohol or drugs. In Montana, the legal limit for blood alcohol content (BAC) on the water is 0.08%, the same as it is for vehicles on the road. This applies to all types of watercraft—from motorboats to jet skis, pontoons, and even sailboats.
But impairment doesn’t only come from alcohol. Many don’t realize that prescription drugs, over-the-counter medications, and recreational drugs like marijuana can all lead to impairment on the water. If you’re caught operating a boat while under the influence of any of these substances, you can face criminal charges.
What Happens If You’re Caught?
Montana law enforcement, including Fish, Wildlife & Parks officers and county sheriffs, actively patrol waterways—especially during holidays and high-traffic weekends. If you’re stopped and suspected of boating under the influence, you may be asked to perform a sobriety test or take a breathalyzer. Refusing a test can lead to automatic license suspension and additional penalties.
A BUI conviction can lead to:
- Fines
- Jail time
- Loss of boating privileges
- Criminal record
- Increased insurance costs
Repeat offenses or causing harm while under the influence—like a crash or injury—can dramatically increase the severity of the consequences.
Why Is Boating Under the Influence So Dangerous?
Alcohol affects people differently on the water than on land. Factors like sun exposure, wind, vibration, and motion from the waves can all intensify the effects of alcohol, leading to faster impairment. This is known as "boater’s fatigue." Your balance, coordination, and judgment can be compromised more quickly—making it harder to steer, avoid hazards, or respond to emergencies.
Additionally, most boating accidents don’t allow for the same reaction time or control as in a car. If you’re going fast, there are no brakes to stop you quickly. And if someone falls overboard or a crash happens, rescue and response are far more complex than pulling over to the side of the road.
Can Passengers Drink on the Boat?
This is a question we hear often. In Montana, passengers are generally allowed to consume alcohol on boats, provided they are of legal drinking age and not interfering with the operation of the vessel. However, this can still create tricky situations.
If the person drinking ends up grabbing the wheel, even for “just a second,” they can be charged. Also, if passengers are causing disturbances or putting others at risk, officers may still take enforcement action.
How to Enjoy the Water—Without the Legal Risk
You don’t have to skip the fun to stay safe. Here are a few smart boating tips:
- Designate a sober captain. Just like a designated driver, this person is responsible for getting everyone home safely.
- Wait until you’re docked. Save the drinks for after the boat is tied up for the day.
- Know your prescriptions. Check whether your medications can impair your ability to operate a boat.
- Be aware of local rules. Different lakes and rivers may have specific regulations on drinking and boating.
Injured or Facing Charges After a Boat Day? We Can Help.
At Ryan & Miller, we know that accidents—and misunderstandings—happen fast on the water. Whether you’ve been injured in a boating accident or are facing a BUI or other criminal charges, you deserve legal support that understands the law and how it applies to water-related incidents.
We’re based right here in Montana and know how the local laws affect our lakes, rivers, and communities. If your day on the water turned into something more serious, reach out. We’re here to help.
Contact Ryan & Miller today to speak with an experienced attorney.