Last Updated on June 20, 2018 by Keisha Mclean-Green

No summer is complete without catching some surf and sun. Time at the beach or the lake often equates to time spent on a boat. While there’s no better way to relax and enjoy summer, mixing alcohol and boating can result in a BUI. Recent changes to North Carolina legislature in the form of Sheyenne’s Law up the ante for anyone caught boating while under the influence.

What is a BUI? It’s a charge similar to a DUI, and law enforcement takes it very seriously. The penalties for boating under the influence can be just as severe as driving an automobile while over the legally intoxicated limit, and the same blood alcohol level (0.08%) applies.

Sheyenne’s Law Signed Ahead of Anniversary of Teen’s Death

Governor Pat McCrory signed Sheyenne’s Law ahead of the anniversary of the 17-year-old who died after being struck by a boat while knee-boarding on Lake Norman in July of 2015. Sheyenne Marshall was struck by a boat operated by an impaired boater. At the time of her death, impaired boating was considered a misdemeanor. The penalty for BUI increased under HB958, and thanks to the new law, it is now a felony offense. The class of the felony will vary based on the specifics of any future cases and the boater themselves.

The law serves as a warning for drunk boaters; operating a boat while intoxicated isn’t okay. It can and has cost more than one life, but Sheyenne’s Law serves as a memorial of a young girl taken all too soon because of the irresponsible use of alcohol coupled with bad decision making.

The Charlotte Observer reported in 2015 that the man operating the boat that struck and killed Sheyenne had a BAC of 0.14. He has since been charged with BWI (boating while intoxicated), operating a boat recklessly, and involuntary manslaughter.

Basic penalties for BUI offenders have included loss of license and fines. Lawyers in White Plains NY explain that sheyenne’s Law now makes death by impaired boating a class of felony punishable by at least three years in prison.

A Warning to All Boaters

The key takeaway is ample warning. It’s as unsafe to drink and boat as it is to drink and drive. Now, boating while intoxicated or under the influence has consequences as serious as a DUI charge. Safe, alcohol-free boat operation can do more than save the life of the boater and his or her passengers. It can save the lives of others enjoying the water.

What if a boater is visiting from out of state and gets caught with a blood alcohol level over the legal limit while operating a watercraft? The only different between a DUI and BUI is the type of vehicle in operation. An out of state boater caught in North Carolina waters with a BAC over the legal limit will face the same charges and consequences as an out of state driver who is arrested and charged with DUI. The ante for boaters who drink and drive on the water has definitely been upped, and the hope is it will assist in making the water safer for everyone.

Practicing Safe Boating

How does one practice safe boating with alcohol? How can you avoid the possibility of being charged with BUI while still enjoying the water and some spirits? Here’s a checklist to follow:

• Designate a Sober Boater: Much like designating a sober driver, defining a sober boater is a step in the right direction to avoiding illegal boating. Assign a person capable of operating the boat to stay alcohol-free for the duration of the event.
• Select a Backup: It’s prudent to appoint a sober backup boater in case the original assignee indulges in a bit too much drink or falls ill. A lot can happen on a boat, including motion sickness. A second person who can operate the watercraft sober helps prep for any freak accidents.
• Bring Diverse Beverages: Alcohol isn’t the only drinkable substance in the world. Water, tea, juice, and sodas are great alternatives. Not only do they give the designated boaters something to enjoy, but they’re also there to drink when the partiers need to back off the beer or liquor.
• Pack Snacks: Drinking speeds the metabolism and causes the body to want food. Snacks are a good way to moderate and counteract alcohol as long as binging is not involved. Pack an overabundance of snacks. It’s better to have too much than too little.
• Think Safety: Alcohol affects balance, and balance is a necessity on the water. A passenger who’s intoxicated can lose balance and fall overboard. Always have one or more sober moderators who can keep a watchful eye on everyone to ensure any fallen comrades are quickly helped. According to the Boat U.S. Foundation, 1 in 4 boating deaths is caused by falling overboard and drowning. Stock life preservers in easy-to-access places and know how to respond in the event someone falls overboard.
• Have a Plan B: What if your best efforts to designate a sober boater have failed? Have a backup plan in place. You can call a friend for help or contact the local Coast Guard. You could even drop anchor to sleep and eat away the effects of the alcohol, but only do so if you are already in a safe place void of traffic. While contacting the authorities may not seem ideal, it’s better to call for help than attempt to boat while intoxicated.

Did you know the stressors accompanying boating make drinking and boating more dangerous than drinking and driving? In fact, nearly 50% of all watercraft accidents involve alcohol. Glare, sun, wind, unexpected weather conditions, noise, and vibration all affect the boat operators and the passengers. Each drink multiples the risk of an accident.

Be wise. Drink moderately when enjoying the water. According to the US Coast Guard, your judgment could start to be influenced by the time you consume as few as two drinks. Let’s work toward a safer tomorrow, a tomorrow where accidents like the one that took Sheyenne Marshall’s life are few and far between. Don’t drink and boat.

If you are in hard situation and look for a good lawyer, we advise you to contact Burke Harvey, LLC | Injury Lawyers in Birmingham, Alabama.