The state of Delaware takes boating extremely seriously. Licenses and ownership documents are required to operate a watercraft on the rivers and lakes of Delaware. Boating under the influence of drugs and alcohol is strictly prohibited and these laws are strictly enforced by local police. Completing your application for a Delaware boating license is a sign of compliance with law enforcement’s right to complete breath and blood tests.
What is a boating DUI?
Having fun in a boat on the rivers and lakes is a tradition in Delaware. The temptation to enjoy too many alcoholic beverages is an easy trap to fall into. A Delaware boating DUI can be charged when your blood alcohol level climbs to 0.08 per 100 milligrams. One of the dangers of boating in Delaware is the problem of how long law enforcement has to check your blood alcohol level. Under Delaware criminal law, blood alcohol concentration levels can be checked up to 4 hours after your boating trip.
Delaware boating DUI sentences
The severity of the boating DUI in Delaware you are given is based on your criminal history. Boating DUIs carry a maximum sentence of $1,000 in fines and six months in jail for the first offense. Further offenses have stricter sentences, including a 2,000 fine and 18 months in jail for a second offense. The third offense can result in a maximum fine of $3,000 and 24 months in jail.
Failing to comply with a boating DUI test
Operating a boat or watercraft on Delaware’s waters gives implied consent for a DUI test. The failure to comply with a law enforcement officer’s request for a test has serious consequences. Loss of boating privileges for up to one year results from failing to comply with a boating DUI test.
Boating is a fun activity that needs to be enjoyed responsibly to avoid a DUI in Delaware.
