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Operating while intoxicated on watercraft

With the ice off all the inland lakes here in Northern Michigan, boating enthusiast and fishermen will be making their presence. With those hobbies sometimes comes the use of alcohol. I was asked to explain what the difference in the use of alcohol is between a vehicle on the roadway and a boat on the waterways.

There really is not much of a difference in Operating While Intoxicated in a vehicle compared to a boat.

According to The Handbook of Michigan Boating Laws and Responsibilities provided by the Michigan Department of Natural Resources, “Michigan law prohibits anyone from boating while under the influence of alcohol or drugs. It is also unlawful for the owner of a motorboat to knowingly allow anyone else to operate their motorboat if that person is under the influence of alcohol or drugs.”

MCL 324.80176 discusses the “Operation of or authorizing operation of motorboat while under influence of alcoholic liquor or controlled substances.” Section (1) states, “A person shall not operate a motorboat on the waters of this state if any of the following apply: (a) The person is under the influence of alcoholic liquor or a controlled substance, or both.; (b) The person has a blood alcohol content of 0.08 grams or more …; (c) The person has in his or her body any amount of a controlled substance…”

Section (2) covers how the owner or person in charge of the boat allowing or knowingly permitting the motorboat to be operated on the waters if the person is under the influence of alcoholic liquor or a controlled substance could be criminally charged.

(4) A person who operates a motorboat on the waters of this state in violation of subsection (1)… and … causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.

(5) A person who operates a motorboat on the waters of this state in violation of subsection (1) … and … causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. …”

Overall, if you are found to be operating a watercraft on the waters in the state of Michigan and your blood alcohol content is 0.08 percent or greater, you can be arrested and criminally charged with a misdemeanor. Under Michigan law, a person also can be charged criminally if a person boating is under the influence and causes great bodily injury or death of another person, he/she will be guilty of a felony. When operating a motorboat on Michigan waters, you have consented to be tested for alcohol or drugs if you are arrested by a law enforcement official. Upon the officer’s request for a test for alcohol or drugs and the operator refuses to comply, the operator may be refused by the court having jurisdiction of the violation the right of operating any motorboat on any of the waters of this state for a period of not more than two years.

A key thing to remember while enjoying the outdoors and boating is to operate the watercraft safely and be aware of others on the body of water as they may not be fully paying attention to others around them.

Ashley Simpson is a Community Service Trooper for the MSP Alpena Post. If you have a question for Trooper Simpson, you can email her at asktroopersimpson@gmail.com or mail them to Ask A Trooper, Michigan State Police – Alpena Post, 3283 W. Washington Ave, Alpena, MI 49707.

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