§ 577.013 RSMo – Missouri Boating While Intoxicated (BWI) Laws & Penalties

577.013. Boating while intoxicated — sentencing restrictions.

You can be charged for operating a boat while drunk

This Missouri law makes it illegal to operate a boat while drunk. Penalties go up if you’re a repeat offender, if a child is on board, or if someone gets hurt or killed. Some people must serve jail time or do community service, and some may have to use alcohol monitoring.

1. A person commits the offense of boating while intoxicated if they operate a vessel while in an intoxicated condition.

2. Penalties depend on the situation:

(1) Class B misdemeanor.
(2) Class A misdemeanor if:
- (a) The person is a prior boating offender; or
- (b) A person under age 17 is present in the vessel.
(3) Class E felony if:
- (a) The person is a persistent boating offender; or
- (b) While boating intoxicated, the person causes physical injury to someone else through criminal negligence.
(4) Class D felony if:
- (a) The person is an aggravated boating offender;
- (b) While boating intoxicated, the person causes physical injury to a law enforcement officer or emergency worker through criminal negligence; or
- (c) While boating intoxicated, the person causes serious physical injury to someone else through criminal negligence.
(5) Class C felony if:
- (a) The person is a chronic boating offender;
- (b) While boating intoxicated, the person causes serious injury to law enforcement or emergency staff through criminal negligence; or
- (c) While boating intoxicated, the person causes someone’s death through criminal negligence.
(6) Class B felony if:
- (a) The person is a habitual boating offender; or
- (b) While boating intoxicated, the person causes the death of a law enforcement officer or emergency personnel through criminal negligence.
(7) Class A felony if the person is a habitual offender under paragraph (d) of subdivision (12) of section 577.001 and commits another offense under that same paragraph.

3. First-time offenders cannot receive a suspended sentence:

(1) Unless they are placed on probation for at least two years; or
(2) If their blood alcohol content was 0.15% or more and a DWI court or treatment program is available, they must successfully complete that program.

4. For second or later offenses, the court may require the person to:

Use continuous alcohol monitoring or take breath tests at least four times per day as part of probation.

5. If someone is not allowed a suspended sentence due to subsection 3:

(1) If their BAC was between 0.15% and 0.20%, they must serve at least 48 hours in jail.
(2) If their BAC was over 0.20%, they must serve at least 5 days in jail.

6. If someone is found guilty of boating while intoxicated, these rules apply:

(1) Prior, persistent, aggravated, chronic, or habitual boating offenders cannot get a suspended sentence or just pay a fine instead of going to jail.
(2) A prior boating offender must serve at least 10 days in jail unless:
- (a) They perform at least 240 hours of court-supervised community service; or
- (b) They complete a court-ordered treatment program under section 478.007 or similar, if available.
(3) A persistent offender must serve at least 30 days in jail unless:
- (a) They perform at least 480 hours of court-supervised community service; or
- (b) They complete a court-ordered treatment program under section 478.007 or similar, if available.
(4) An aggravated boating offender must serve at least 60 days in jail.
(5) A chronic or habitual boating offender must serve at least two years in prison.
(6) Probation or parole may also require alcohol monitoring or breath testing at least four times a day.