Penalties for operating a boat, or other water vessel, while under the influence of alcohol, drugs or other intoxicating substances are similar to that of operating a motor vehicle. As with a DUI of a motor vehicle, the penalties vary depending on the circumstances of the arrest and conviction, including age of the operator, BAC level, etc.

OPERATING VESSEL UNDER THE INFLUENCE – I.C. § 67-7034(a)

• It is unlawful for any person under the influence of alcohol, drugs or any other intoxicating substance, or who has a BAC level of .08 or more, to operate or be in actual physical control of a vessel on the waters of the State of Idaho.  A violation of this section is a misdemeanor.

• Maximum Penalties for Offense:  6 months in Jail and/or $1,00 Fine; Required to attend and successfully complete a course on safe boating approved by the designated state boating law administrator.
• Note: A second offense, the Court has discretion to impose a 2-year suspension of operating any vessel on Idaho waters.  Violating terms of the suspension is a misdemeanor with a maximum penalty of 30 days in jail and/or a $300 fine.
  

OPERATING VESSEL UNDER THE INFLUENCE (UNDER 21 YEARS OF AGE) – I.C. § 67-7034(b)

• It is unlawful for any person under 21 years of age who has a BAC level of at least .02 but less than .10 to operate or be in actual physical control of a vessel on the waters of the State of Idaho.  Unlike penalties for Underage DUI of a Motor Vehicle, the penalties for Underage DUI of a Water Vessel are the same for a person under age 21 as they are for persons 21 years or older. 

• Maximum Penalties for Offense:  6 months in Jail and/or $1,000 Fine; Required to attend and successfully complete a course on safe boating approved by the designated state boating law administrator.
• Note: A second offense, the Court has discretion to impose a 2-year suspension of operating any vessel on Idaho waters.  Violating terms of the suspension is a misdemeanor with a maximum penalty of 30 days in jail and/or a $300 fine.
  

AGGRAVATED OPERATING A VESSEL WHILE UNDER THE INFLUENCE – I.C. § 67-7035

• Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing the violations described above is guilty of a felony.
• Maximum Penalties for Offense:  5 Years in Prison (if not incarcerated there is a mandatory minimum of 30 days in jail) and/or $5,000 Fine; Privileges to operate a vessel suspended by the court for a mandatory minimum of 1 year, not to exceed 2 years.