Arrested or Charged with Boating While Intoxicated (RSMo § 577.013) in Missouri?

Being arrested for Boating While Intoxicated can turn a day on the water into a legal crisis. If law enforcement has charged someone with BWI, they may be facing jail time, fines, and a criminal record that can affect their future.

At Rose Legal Services, our criminal defense attorneys have years of experience helping people charged with BWI offenses across Missouri.

What is Boating While Intoxicated in Missouri?

Under RSMo § 577.013, “A person commits the offense of boating while intoxicated if he or she operates a vessel while in an intoxicated condition.”

“Intoxicated condition” means the same thing in boating cases as it does in DWI cases: having a blood alcohol concentration (BAC) of 0.08% or more, or being under the influence of alcohol, controlled substances, or drugs to a degree that makes the person incapable of safely operating a vessel.

Law enforcement officers patrol Missouri’s lakes and waterways looking for signs of impaired boating, including erratic operation, safety violations, and other indicators of intoxication.

Penalties for Boating While Intoxicated

The penalties for BWI in Missouri depend on a person’s prior criminal record and the specific circumstances of the offense.

First Offense

A first-time BWI offense is a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

However, Missouri law places strict limitations on Suspended Imposition of Sentence (SIS) for BWI cases. Under RSMo § 577.013(3), a person found guilty of BWI as a first offense cannot be granted an SIS unless placed on probation for a minimum of two years. Additionally, if the offense was committed with a BAC of 0.15% or more and a DWI court or treatment program is available, the person must participate in and successfully complete such a program to receive an SIS.

If a person is not granted an SIS and operated the vessel with a BAC between 0.15% and 0.20%, the required term of imprisonment is not less than 48 hours. If the BAC was greater than 0.20%, the required term of imprisonment is not less than five days.

Prior and Repeat Offenses

Penalties increase significantly for repeat offenders:

Class A Misdemeanor (up to one year in jail and a fine up to $2,000):

• Prior boating offender
• Any offense where a person less than 17 years of age is present in the vessel

Class E Felony (up to four years in prison):

• Persistent boating offender
• Acting with criminal negligence to cause physical injury to another person while BWI

Class D Felony (up to seven years in prison):

• Aggravated boating offender
• Acting with criminal negligence to cause physical injury to law enforcement or emergency personnel while BWI
• Acting with criminal negligence to cause serious physical injury to another person while BWI

Class C Felony (three to ten years in prison):

• Chronic boating offender
• Acting with criminal negligence to cause serious physical injury to law enforcement or emergency personnel while BWI
• Acting with criminal negligence to cause the death of another person while BWI

Class B Felony (five to 15 years in prison):

• Habitual boating offender
• Acting with criminal negligence to cause the death of law enforcement or emergency personnel while BWI

For prior, persistent, aggravated, chronic, and habitual boating offenders, Missouri law prohibits suspended imposition of sentence and requires minimum periods of imprisonment before parole or probation eligibility.

Defending Against BWI Charges

Several defenses may be available depending on the circumstances of the case:

Challenging the Stop

Law enforcement must have reasonable suspicion to stop the vessel. If officers lacked proper justification, evidence obtained during the stop may be suppressed.

Questioning Field Sobriety Tests

Standardized field sobriety tests are designed for use on stable, flat surfaces, not on a rocking boat. The conditions on the water can significantly affect test performance.

BAC Testing Issues

Blood and breath tests must be properly administered and maintained. Chain of custody problems, calibration issues, or improper testing procedures can invalidate results.

Medical Conditions

Certain medical conditions can mimic signs of intoxication or affect chemical test results.

Lack of Operation

The prosecution must prove the operator was operating the vessel while intoxicated beyond a reasonable doubt. If the defendant was not the operator, he or she cannot be convicted of BWI.

Beyond Criminal Penalties

A BWI conviction carries consequences beyond jail time and fines:

• A permanent criminal record
• Difficulty finding employment
• Professional license issues
• Enhanced penalties for future alcohol-related offenses
• Increased insurance rates
• Potential loss of boating privileges

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. DWI and BWI cases are among our most common practice areas, making up 40% of our caseload. All of our attorneys have completed the same training as law enforcement officers in these matters.

We pride ourselves on excellent client service and communication. Our Client Care Specialists are available to answer questions throughout the case, and our clients receive written matter status reports every month.

Charged with a BWI? Contact Us Today

If you’re facing BWI charges in Missouri, don’t wait to seek legal help. Contact Rose Legal Services today to schedule a consultation with our legal team. We’ll review your case, explain your options, and discuss how we can help protect your rights and your future.

Your defense starts with a conversation.