It's the Law: On the Water

Alcohol and Drugs

South Dakota law prohibits anyone from boating under the influence (BUI)—that is, operating any vessel while under the influence of alcohol or drugs.

South Dakota law states that a person is considered to be boating under the influence (BUI) if:

• The alcohol concentration in his/her blood or breath is 0.08% or more or …
• The person is under the influence of alcohol, any other drug, or combination of drugs and/or alcohol to a degree that makes him/her incapable of safely operating the vessel.

South Dakota law establishes the following penalties for boating under the influence (BUI).

• Those convicted for the first time of BUI are guilty of a Class 1 misdemeanor punishable by a fine, jail time, or both.
• Repeat offenders will receive more severe penalties.

By operating a vessel on South Dakota’s waters, you have given “implied” consent to alcohol and/or drug testing if requested by a law enforcement officer. Refusal to submit to testing is admissible as evidence in court.

Just remember this simple rule: Don’t Drink and Boat!