Boating While Intoxicated

Iowa Boating While Drunk Laws

Boating while intoxicated is very similar to a regular operating while intoxicated charge with two very important difference. 

Can I lose my driver's license for boating drunk?

First, you cannot lose your motor vehicle driving privileges for these charges. 

What's the legal limit for boating drunk?

Second, the “legal limit” is .10 as opposed to .08. 

Should I Submit To Sobriety Test for boating drunk?

Whether you take a test and “fail” or refuse chemical testing, the Department of Transportation has nothing to do with a boating while intoxicated case and has no authority to suspend or otherwise disqualify your driving privileges for these offenses.  That being the case, any benefit that would normally accompany taking a chemical breath test is significantly diminished in a boating while intoxicated case as compared to a normal operating a motor vehicle while intoxicated case.

Iowa Boating While Intoxicated Laws

To establish a boating while intoxicated offense, the State of Iowa must prove all of the following beyond a reasonable doubt:

• The defendant operated a motorboat or sailboat; and
• The motorboat or sailboat was operated on the “navigable waters of the State of Iowa;” and
• At that time, the defendant was under the influence of alcohol, drug, or a combination thereof; OR had an alcohol concentration in excess of .10.

“Operation” is being in actual physical control of a motorboat or sailboat that is in motion or has its engine running.

“Motorboat” means: any vessel propelled by an inboard, inboard-outdrive, or outboard engine whether or not such engine is the principal source of propulsion.

“Sailboat” means: any watercraft operated with a sail.

“Navigable waters” means: All lakes, rivers, and streams which can support a vessel capable of carrying one or more persons during a total of six months period in out of every ten years.

Criminal Penalties for boating while intoxicated

Refusal:

A refusal of chemical testing in a boating while intoxicated case where the State is unable to meet the required elements of boating while intoxicated is punishable by a fine and a court imposed prohibition from operating a motorboat or sailboat.

            First Offense:  $500
            Second Offense: $1,000

            Third Offense:  $2,000
 

Boating While Intoxicated:

If the State can prove the required elements of Boating While Intoxicated beyond a reasonable doubt, then the criminal penalties are in essence the same as in normal operating while intoxicated cases.  They are as follows:

First Offense: Serious Misdemeanor.  Mandatory minimum 2 days in jail but up to 1 year in jail; mandatory minimum fine of 1,000; and court ordered prohibition from operating a motorboat or sailboat for one year.

• Fines were not increased when normal OWI fines were increased.
• Deferred Judgment eligibility is the same as a normal OWI charge.

Second Offense:  Aggravated Misdemeanor.  Mandatory minimum of 7 days in jail but up to 2 years in prison; mandatory minimum fine of $1500 but not more than $5,000; and court ordered prohibition from operating a motorboat or sailboat for two years.

Third Offense:  Class D Felony.  Up to 5 years in jail but not less than 30 days in jail; mandatory minimum fine of $2,500 but not more than $7,500; and court ordered prohibition of operating a motorboat or sailboat for six years.

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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You can also get directions and see an enlarged map of the area surrounding the attorneys' offices at 303 Locust Street by clicking on the links above or the words in this paragraph.

free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, preliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

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Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.