In a May 2024 press release, the U.S. Coast Guard reported 3,844 recreational boating incidents in the country in 2023. Such events caused $63 million in property damage, 2,126 non-fatal injuries, and, sadly, 564 fatalities. Alcohol remained the leading known contributing factor in fatal cases.
All those figures show that while drunk boating isn’t as common as motor vehicle crashes, it can still be dangerous, even deadly. For these reasons, boating while intoxicated (BWI) or boating under the influence (BUI) in Virginia can lead to severe penalties.
To that end, the team at Kearney, Freeman, Fogarty & Joshi, PLLC, in Fairfax, VA, put together this guide on Virginia boating laws. Read on to learn about the legal consequences of boating accidents, penalties for BUI in Virginia, and what to do if someone’s negligence has harmed you or a loved one in such an incident.
1. Hefty Fines and Possible Imprisonment
Incidents involving BWI in Virginia fall under the scope of the Code of Virginia § 29.1-738. It prohibits anyone from operating a watercraft or motorboat if they have a blood alcohol concentration (BAC) that makes it unlawful to drive a motor vehicle per § 18.2-266, which is 0.08% or higher. A person who violates this is guilty of a Class 1 misdemeanor, which, under § 18.2-11, carries a fine of up to $2,500.
As a Class 1 misdemeanor, a BWI conviction in Virginia can also result in an imprisonment term of up to 12 months. Depending on the case’s circumstances, the person convicted may face imprisonment and pay a fine.
2. Loss of Boating Privileges
The Code of Virginia § 29.1-738.4 outlines additional penalties for operating a watercraft or motorboat while intoxicated. A person convicted of BWI for the first time will lose their boating privileges for 12 months from the date of their conviction. If it’s a second or subsequent conviction within ten years of the first, the person convicted will lose their boating privileges for three years.
Violating § 29.1-738.4 even once can also result in an additional conviction of a Class 2 misdemeanor. Under § 18.2-1. a Class 2 misdemeanor can result in:
- Jail confinement of up to six months
- A fine of up to $1,000
- Both jail confinement and fine
A second or subsequent violation of § 29.1-738.4 constitutes a Class 1 misdemeanor.
3. Mandatory Attendance of an Alcohol Safety Action Program
Under the Code of Virginia § 29.1-738.5, a person convicted of BWI must also attend and complete an alcohol safety action program. The program must have received certification from the Commission on the Virginia Alcohol Safety Action Program (VASAP).
Individuals required to attend such programs must also pay a fee between $250 and $300. They may also have to pay additional charges if they have to undergo extended treatment under the program.
4. Permanent Record
BWI convictions in Virginia will appear permanently on a person’s criminal record and background checks, negatively impacting their lives and future. For example, they may impede their ability to find gainful employment, especially for jobs that require operating vehicles.
5. A Legal Claim for Compensation
Drunk boating incidents can result in many injuries not only to the boater but also to their passengers or, in the case of collisions, to the people on the other vessel.
An example is whiplash, an injury that occurs when the neck rapidly moves back and forth due to the force of an impact. It’s one of the most common injuries from car crashes, but it can also affect people who’ve been in boating incidents. According to the Mayo Clinic, some people who develop whiplash may experience long-term complications, such as chronic neck pain, resulting in a lower quality of life.
Other common injuries that may result from boating incidents are:
- Broken bones
- Spinal cord injuries
- Lacerations
- Traumatic or anoxic brain injuries
- Internal injuries
All those injuries can lead to hefty medical expenses or significant wage loss if a person must take time off to recover. They may also experience mental distress or losses due to damaged personal belongings.
For those reasons, victims of BUI incidents may file a legal claim for compensation against the drunk boater. In this case, the boater’s boat liability insurance coverage should help pay for injuries and property damage to others.
6. A Personal Injury Lawsuit
Like car crash cases, most drunk boating incidents get settled without going to trial. However, there are some cases wherein plaintiffs (the parties that filed a claim against the defendants or negligent parties) may decide to take the case to court and file a personal injury lawsuit.
Here are some examples:
- The defendant’s insurance cannot cover all the damages the plaintiffs are pursuing
- One or more defendants are uncooperative and refuse to take responsibility
- A defendant’s insurer fails to make a reasonable compensation offer
- A defendant or their insurer is disputing many details of the incident, such as the extent of the injuries
So, if you or a loved one has sustained injuries in a drunk boating incident, consider partnering with a personal injury attorney with maritime law expertise. They can help:
- Prove the negligence of the drunk boater
- Find evidence of other parties’ fault (e.g., the restaurant that may have served the boater with alcohol)
- Establish all avenues for possible compensation (e.g., medical bills, lost wages, property damage, pain and suffering, and mental distress)
- Assist you throughout the claims filing process
Your personal injury lawyer will act as your advocate and protect your rights as a victim of drunk boating. Your attorney will also take the case to trial if the negligent party, including their insurer, doesn’t want to negotiate.
Get Expert Legal Help for Drunk Boating Incidents
From hefty fines to imprisonment, loss of boating privileges, and lawsuits, these are just some of the many legal consequences of drunk boating in Virginia. They’re undoubtedly heavy, considering that boating while intoxicated can lead to significant property damage, injuries, and sometimes, even fatalities.
So, if you or someone you care about has sustained injuries or losses due to a drunk boater in Virginia, consider partnering with a personal injury attorney from our law firm, Kearney, Freeman, Fogarty & Joshi, PLLC. We’ve served Northern Virginia for over three decades, including clients who’ve suffered harm due to drunk boaters.
Reach out to us today to schedule your free initial case consultation.