577.014. Boating with excessive blood alcohol content — penalties — sentencing restrictions.
You can be charged for boating with too much alcohol in your system
This law makes it illegal to operate a boat if your blood alcohol content (BAC) is 0.08% or more. The punishment depends on how many times you’ve done it before and how high your BAC was. Serious or repeat offenses come with required jail time or alcohol monitoring.
1. A person commits the offense of boating with excessive blood alcohol content if they operate a boat with 0.08% or more alcohol in their blood.
2. BAC is measured in grams of alcohol per 100 milliliters of blood or 210 liters of breath. Tests must follow the rules in sections 577.020 to 577.041 and can be done using blood, breath, saliva, or urine.
3. Penalties for boating with excessive BAC are:
- (1) Class B misdemeanor.
- (2) Class A misdemeanor if the person is a prior boating offender.
- (3) Class E felony if the person is a persistent boating offender.
- (4) Class D felony if the person is an aggravated boating offender.
- (5) Class C felony if the person is a chronic boating offender.
- (6) Class B felony if the person is a habitual boating offender.
4. First-time offenders cannot get a suspended sentence:
- (1) Unless they are put on probation for at least two years; or
- (2) If their BAC was 0.15% or more and a DWI court or treatment program is available, they must complete that program.
5. If the person is not granted a suspended sentence because of subsection 4:
- (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 convicted of a second or later offense, the court may require them to use:
- Continuous alcohol monitoring or take breath tests at least four times a day while on probation.
7. If convicted, these extra rules apply:
- (1) Prior, persistent, aggravated, chronic, or habitual 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 complete at least 240 hours of community service supervised by the court; or
- (b) They complete a treatment program under section 478.007 (if available).
- (3) A persistent boating offender must serve at least 30 days in jail unless:
- (a) They complete at least 480 hours of community service supervised by the court; or
- (b) They complete a treatment program under section 478.007 (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 include continuous alcohol monitoring or breath tests at least four times daily.
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