Authorities Warn About Boating Under The Influence

Officer Sean Bryant is on a mission to keep the lake safe this holiday weekend. But he says alcohol can often sneak up on lake lovers and spoil the fun.

“People are out in the sun all day long,” said Bryant. “They forget to drink water and they get dehydrated.”

Officer Bryant says it only takes a third of the amount of alcohol on the water to get you in trouble and make you impaired. And those operating jet skis need to be aware that the rules apply to them too,

Police Officers and highway patrol troopers will be patrolling all the state lakes - looking for people who may be boating while intoxicated. While a BUI is only a misdemeanor charge, it could lead to devastating consequences if it leads to a deadly crash.

“What people don't realize is if you are operating the vehicle in a negligent manner or reckless disregard and you injure someone, and that person dies from that injury within one year then that is negligent homicide,” said John Hunsucker, a defense attorney in Oklahoma City who specialized in DUI defense.

Hunsucker says right now boating while intoxicated is considered a misdemeanor charge, unless it leads to a death. But the Oklahoma Legislature is considering a bill that would create a much stiffer penalty. House Bill 1714 would cause you to lose your license too.

The “Boating Under the Influence” Bill as it came to be known was backed by Grand Lake area legislators. It came about after a deadly 2013 alcohol involved crash that claimed the lives of two college students on Grand Lake. The measure would suspend offender’s driver’s license for 30 days, with longer suspensions for subsequent convictions – and commercial drivers would receive even more severe penalties. The bill does not outlaw alcohol or open containers on boats.

The bill passed the house unanimously in March, but stalled in the senate. It could still be revisited during next year’s legislature.

Right now, drinking while operating a boat is legal as long as the person’s blood alcohol level is less than .08 percent. While boating under the influence is considered a crime, it’s only classified as a misdemeanor - which carries up to a $1,000 fine.

Refusing to take the state’s test is a also a crime for anyone caught boating while intoxicated, but Hunsucker says you can refuse to take a field test if one is presented on the water. Hunsucker says from their standpoint, portable field devices are not always reliable with their readings for a number reasons (not always calibrated correctly, no standard for calibration, residue collecting in portable devices, etc.).

A BUI could end up destroying your life or someone else’s life if you have a boating accident and you kill people as a result.  Hunsucker says it becomes a manslaughter offense, which carries a sentence of four years to life. And if a person dies from their injuries within a year of the accident, you could face negligible homicide, which is a misdemeanor offense that carries a sentence of up to a year in jail.

“There’s so much potential for danger on a boat,” said Hunsucker.  “When you are out on the lake, it’s 4th of July, and the sun and the kids are playing, and you're having a few beers - you don't realize the potential for danger is still there. There's things in the water you may not see that you could run up upon especially with all the flooding recently.”

Hunsucker’s advice for boaters out there?

“Be safe, have a designated boater out there,” said Hunsucker. “That way you don't turn a nice sunny day into potentially 20 years in prison.”

His other advice is to treat your boat the way you would a car, and how you would treat the consequences of drinking and driving.