Pennsylvania Boating Under the Influence Penalties

Name: JD Law
Brand: JD Law
Rating: 4.9 (1 reviews)

A charge of Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, in violation of 30 Pa.C.S. § 5502, is a serious misdemeanor offense that carries significant legal consequences upon conviction. Although a BUI is distinct from a DUI in that it does not affect your Pennsylvania driving privileges—only your boating privileges—a conviction for either offense can lead to mandatory jail time and substantial fines.

Penalties for Boating Under the Influence in Pennsylvania

Penalties for a BUI conviction are divided into three tiers, based on the individual’s blood alcohol concentration (BAC) at the time of the offense. As with DUI laws, the higher the BAC, the more severe the penalties. Individuals under the age of 21 with a BAC of 0.02% or higher are subject to Tier 2 penalties.

Tier 1 (BAC less than 0.10%)

First Offense: Six months probation; $300 fine
Second Offense: Minimum five days incarceration; $300 to $2,500 fine
Third Offense: Minimum 10 days incarceration; $500 to $5,000 fine

Tier 2 (BAC between 0.10% and 0.16%)

First Offense: Minimum 48 hours incarceration; $500 to $5,000 fine
Second Offense: Minimum 30 days incarceration; $750 to $5,000 fine
Third Offense: Minimum 90 days incarceration; $1,500 to $10,000 fine

Tier 3 (BAC greater than 0.16%)

First Offense: Minimum 72 hours incarceration; $1,000 to $5,000 fine
Second Offense: Minimum 90 days incarceration; $1,500 to $10,000 fine
Third Offense: Minimum 1 year incarceration; $2,500 to $10,000 fine

Were You Charged with BUI? Don’t Wait to Take Action

If this is your first offense or you have a limited criminal history, you may be eligible for a diversionary program known as Accelerated Rehabilitative Disposition (ARD). Participation in ARD can significantly reduce penalties, and upon successful completion, your charges may be dismissed and expunged from your record.

If you’ve been charged with Boating Under the Influence, we strongly encourage you to speak with an experienced attorney. For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.