Indianapolis Boating While Intoxicated Lawyers
What Are the Penalties for Boating While Intoxicated in Indiana?
Former Fatal Alcohol Crash Prosecutors Now Representing the Accused
Boating while intoxicated (BWI/BUI) in Indiana is a Class C misdemeanor carrying up to 60 days in jail, a $500 fine, and a one-year loss of boating privileges — the court can also suspend your driver’s license. The offense escalates to a Class D felony if it causes serious injury, or a Class C felony if it causes death.
In the same way that it is illegal for a person to drive a car while intoxicated by alcohol or drugs, it is also against the law for a person to operate a motorboat while intoxicated. This is a crime that is commonly known as boating while intoxicated (BWI), or boating under the influence (BUI).
Many of the same rules that apply to DUI/OVWI/OWI also apply to BWI. In a BWI or BUI offense, a person is considered to be intoxicated if he or she has a blood alcohol concentration (BAC) of 0.08% or higher. However, if you have a BAC level that is below the legal limit, you may still be faced with BWI charges if it can be shown that you were intoxicated at the lower BAC level.
If you have been arrested for an alleged BUI offense, do not simply assume that your case will result in a conviction. At Keffer Hirschauer LLP, we are Indianapolis criminal defense lawyers who can assess your case and help you take advantage of any opportunities you have to refute your charges.
When Does BWI Become a Felony in Indiana?
BWI/BUI is considered a Class C misdemeanor. A conviction for this offense can result in 60 days of imprisonment, a $500 fine and a loss of one’s privileges to operate a motorboat for one year. Furthermore, the court may also choose to suspend the boat operator’s privileges to drive a motor vehicle.
There are scenarios in which an offense of boating while intoxicated will be charged as a felony. A BWI/BUI offense that causes someone else serious injury will typically be raised to a Class D felony, while a BWI/BUI offense that causes someone else’s death will typically be raised to a Class C felony. In either situation, the penalties become much more severe.
To learn more about your options for contesting your BWI charges, pick up the phone and contact Keffer Hirschauer LLP. You can take advantage of one of our free consultations.
Frequently Asked Question
Penalties for boating while intoxicated in Indiana can include fines, probation, and potential jail time, depending on factors like BAC level, prior offenses, or whether anyone was injured. A conviction may be charged as a misdemeanor or even a felony when aggravating circumstances are present.
Yes—under Indiana’s implied-consent laws, a boating OWI can affect your driver’s license in certain situations. This is especially true when a chemical test is refused or when the offense involves high impairment levels.
In Indiana, a BAC of 0.08% or higher qualifies as boating while intoxicated. Enhanced penalties apply at 0.15% or above, similar to roadway OWI standards.
Yes—officers are permitted to administer field sobriety tests during a BWI stop. These tests can be used to establish probable cause for arrest and may be challenged later if conditions were unsafe or the instructions were unclear.
A boating-while-intoxicated (BWI) charge can sometimes be reduced to a lesser offense through legal negotiation or by challenging the validity of the stop, testing, or evidence. The likelihood of reduction often depends on the facts of the case, including BAC level and prior history, and an experienced Indiana boating while intoxicated lawyer can assess possible strategies.