Overview of Boating While Intoxicated in Minnesota: BWI Offenses
Minnesota has over 10,000 lakes to enjoy and a staggering boat ownership ratio, making it easy to comprehend why so many Minnesotans face BWI charges. If an individual operates a boat(including personal watercraft), with an alcohol concentration above .08 they may be charged with boating while intoxicated under Minnesota law.
First time BWI offenders (a misdemeanor) face up to 90 days of incarceration, a $1,000 fine and the loss of the ability to operate a boat for 90 "boating season" days upon conviction. The Minnesota Department of Natural Resources is responsible for issuing the relevant revocation.
If an "aggravating factor" is involved, the BWI charge becomes a gross misdemeanor and, in the most serious of cases, a felony may result. These aggravating factors include:
- Operating a boat with a blood alcohol concentration of .20 or more;
- A prior conviction for DWI or test refusal in the 10 years leading up to; or
- A passenger under age 16 on the boat or watercraft at the time of the offense.
If an individual accused of BWI has no qualified prior impaired driving incidents, they are subject only to the loss of operating privileges for their boat for the relevant period of suspension. Their license to operate an automobile remains in tact. However, any person arrested for BWI and who has a qualified prior impaired driving incident on record is subject to the same administrative sanctions and criminal penalties as the person would be if arrested while driving a regular motor vehicle. In other words, their license to operate a motor vehicle may be suspended as well.
Facing BWI charges? We know you have many unanswered questions. The sooner you involve an experienced BWI attorney, the better able we will be to gather evidence and address other important elements of your case. Call our Minnesota BWI defense firm now at 763.323.6555 or feel free to contact us through our online consultation form.
