It's the Law: On the Water
Alcohol and Drugs—Zero Tolerance!
Missouri law prohibits boating while intoxicated (BWI)—that is,
operating a vessel while intoxicated due to alcohol or any combination
of alcohol, controlled substances, or drugs.
Effective August 28, 2008, Missouri’s blood alcohol concentration (BAC) for BWI was lowered from 0.10% to 0.08%.
- Missouri law states that it is evidence of intoxication if
a person has a concentration of alcohol in his/her blood of 0.08%
or more, based upon a chemical analysis of breath, blood, or
saliva.
- Missouri law establishes the following penalties.
- Those convicted of boating while intoxicated are guilty
of a Class B misdemeanor upon a first conviction. In addition,
those convicted will be required to complete and pass an
approved boating safety course.
- Upon a second conviction, a person is guilty of a Class A
misdemeanor.
- Upon a third or subsequent conviction, a person will be guilty
of a Class D felony.
- A person boating while intoxicated who causes the death or
serious injury of another person will, upon conviction, be
guilty of a felony.
- By operating a vessel on Missouri waters, you have consented
to be tested for alcohol or drugs if so requested by a law enforcement
official. If you refuse to be tested, you will be subject to
arrest and punishment consistent with the penalties described
above.
 Driving While Intoxicated
Missouri's
laws affecting boating while intoxicated are referred to as BWI.
But don't forget, Missouri also has laws affecting driving while
intoxicated—DWI. Missouri's
blood alcohol concentration (BAC) for DWI is 0.08%. Although any level of impairment may
result in charges of DWI, a BAC level of 0.08% or above is prima
facie evidence of intoxication under Missouri law.
If you are arrested for driving while intoxicated:
- You will be searched, handcuffed, taken to jail, photographed,
fingerprinted, and bonded.
- You will have to give your license to the arresting officer
and it will be suspended for 30 days.
If you are convicted of DWI, the following will
apply.
- Eight points will be assessed to your license. Your license
will be revoked for one year if you have accumulated a total
of:
- 12 points in a 12-month period or ...
- 18 points in a 24-month period or ...
- 24 points in a 36-month period.
- Twelve points will be assessed for a second or subsequent conviction
of an alcohol-related offense, and the penalties are much stronger
(5 days in jail or 30 days of community service for a second
offense; 10 days in jail or 60 days of community service for
a 3rd or subsequent offense).
Effects of Alcohol When Driving
- Reaction Time: Impairment can begin with a BAC level as low
as 0.04%.
- Tracking: Driver weaves from one side of the road to the other
or cannot follow the path of the road.
- Vision: Effects include loss of ability to perceive details
in an object in motion and loss of control of eye movement.
- Comprehension: Perceiving hazards and/or processing information
are affected.
- Coordination: Motor skills are lessened.
- Performance: Functions such as steering, braking, speed control,
etc. are impaired.
- Emergency response: Ability to respond to emergency situations
is limited.
Financial Burden of DWI Conviction
The cost associated with a DWI conviction can be overwhelming.
The following are agencies and people who must be dealt with and
require a fee for the service provided.
- Towing: Your vehicle will have to be towed to a place of impoundment,
and you'll have to pay to get it out.
- Bail: You will have to pay a bail bondsman to get out of jail,
or your family/friends will have to post bail for you.
- Attorney: If you decide to get an attorney, prepare to pay.
- Fines and court costs: The judge will issue the fine and associated
court costs.
- Substance Abuse Traffic Offender Program (SATOP): An assessment
will be made of your drinking patterns, and you will be required
to successfully complete a level of service; payment is your
responsibility.
- Insurance: You'll most likely have to carry high-risk insurance;
high risk usually means high dollar!
- License reinstatement: You will have to file an SR22 insurance
form with the State Department of Revenue and pay a reinstatement
fee if you want to drive again.
Average minimum total cost of above services
= $4,500
Social Ramifications
If you were lucky, that's all there would be to it. But what about
the social ramifications?
- Embarrassment: How will you feel about being handcuffed and
hauled away in a patrol car?
- Burden on your family and friends: You're going to have to
get somebody to chauffeur you everywhere and explain to your
kids why you can't drive.
- Employment: What will you do if you are required to drive as
a part of your job? What if you lose your job?
- Remorse: What if you have to go to jail? Worst of all, what
if you hurt or kill someone?
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