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Boating While Intoxicated Is Dangerous To Everyone Involved

Last updated on June 4, 2025

Anyone charged with a DUI or alcohol-related offense can face devastating consequences such as jail time, fines or loss of driving privileges. People might believe that these consequences are less serious if the vehicle is a recreational vehicle. Unfortunately, boating while intoxicated or boating under the influence (BUI) can result in the same strict penalties as cases involving other moving vehicles.

At Dusek Law, we will listen to the facts of your case and begin developing a defense strategy at once. We understand the necessity for a strong defense. Even a minor offense can have disastrous effects on your personal and professional life.

If you receive a ticket or are arrested for BUI, call 701-746-4107 to schedule a free consultation as soon as possible.

North Dakota BUI

In North Dakota, operating a boat or any watercraft under the influence of alcohol or drugs is considered boating under the influence. Similar to regular DUIs, the legal blood alcohol content (BAC) limit is .08%, and there is a zero tolerance policy for minors.

The North Dakota Game and Fish Department, along with local law enforcement, patrol waterways to enforce BUI laws. They have the ability to conduct sobriety tests and BAC tests if they suspect a boat operator is under the influence.

Minnesota BUI/BWI

In Minnesota, boating while intoxicated (BWI) is the term for operating a boat or watercraft under the influence of alcohol or drugs. The legal BAC is .08%, similar to North Dakota and most other states. There is also a zero tolerance policy for boat operators under 21.

Enforcement is done by the Minnesota Department of Natural Resources and local law enforcement, who actively watch over waterways to ensure compliance. Like North Dakota, the state’s law enforcement can test an operator’s sobriety if they suspect boating while intoxicated.

What Is The Difference Between DUI And BUI?

Boating under the influence and driving under the influence both involve operating a vehicle while impaired, but they differ in the type of vehicle being operated. BUI refers specifically to the operation of boats or watercraft, while DUI pertains to motor vehicles on roadways.

The BAC limit for both BUI and DUI is typically .08%, but enforcement and penalties may vary depending on the state. A North Dakota BUI lawyer can provide guidance if you’re charged with a BUI offense and can help you navigate the specific regulations of the state. Similarly, BUI in Minnesota is governed by state laws that regulate boating safety and compliance.

BUI Consequences Can Be Severe

Like DUIs, the consequences for BUI offenses can be severe, impacting both legal and personal aspects of one’s life. Potential penalties may include:

Significant fines that can increase with repeated offenses and higher BAC levels
Jail time, especially for serious offenses or repeat violations
Suspension or revocation of boating privileges
A criminal record, which may impact future employment and personal opportunities
Increased insurance premiums
Mandatory alcohol education or boating safety courses
Community service

Given the serious nature of these consequences, individuals facing Minnesota BUI charges or similar charges in North Dakota should consider seeking legal counsel to better understand their rights and options.

When you work with Dusek Law, you’ll get a dedicated North Dakota and Minnesota BUI lawyer who is ready to face the legal process with you. We will fight for your rights through every step and help you mitigate the worst consequences.

Potential Defenses Against BUI

We will explore every possible BUI defense for your case. These may include:

Challenging BAC tests: Sometimes, the equipment used to test your BAC might not be accurate. We can question the results if the test was incorrectly conducted.
Sobriety test issues: If the officer did not conduct the sobriety tests properly or if they misread the results, this could be a valid defense.
No reason for stop: If the police did not have a good reason to stop your boat or test you, the court might dismiss your charges.
Medical reasons: Some health issues can look like intoxication. We may be able to use this in your defense.
Rough conditions: Bad weather or choppy waters can affect how well you perform on sobriety tests.
Witnesses: Having others who were there to support your version of events can help your case. Our team can help you find and interview credible witnesses.

Working with a BUI lawyer in Minnesota or someone familiar with North Dakota BUI charges can be crucial in developing a robust defense. They can guide you through the process and offer tailored legal strategies to help fight the charges against you.

How Our Experienced BUI Lawyer Can Help

Attorney David Dusek, with over 20 years of experience focusing on criminal defense, leads our team in providing exceptional legal support for BUI in North Dakota and Minnesota. For every case we encounter, David brings his extensive knowledge to navigate the state’s specific legal requirements and procedures effectively.

Our team thoroughly investigates the circumstances surrounding your arrest, challenges any questionable evidence and works diligently to protect your rights throughout the legal process. For anyone facing Minnesota and North Dakota BUI charges, Attorney Dusek’s deep understanding of state boating laws ensures a strategic defense tailored to your situation.

Moreover, we maintain clear communication, so you are always informed and involved in your defense strategy. Partnering with our skilled legal team means you have a committed ally helping you understand your options and fighting for your side of the story.

Contact Dusek Law | Available 24 Hours A Day

To schedule a free initial consultation with an experienced East Grand Forks criminal defense lawyer serving clients throughout North Dakota and Minnesota, contact Dusek Law at 701-746-4107.

We are available by telephone any time, day or night. Weekend and evening appointments are available upon request. We accept credit cards and offer payment plans for select cases.