When most people think of boating under the influence (BUI), they picture alcohol. But drug use — whether recreational, prescription, or illicit — plays a growing role in boating accidents and carries serious legal consequences. In many states, operating a vessel while impaired by any substance is treated just as seriously as driving under the influence on land.
This guide explores how drug impairment is evaluated on the water, how it affects liability in boating accidents, and what boaters need to know to stay compliant and protected.
⚖️ What Counts as Drug Impairment on the Water?
Drug-related BUI includes impairment caused by:
- Illegal drugs (e.g., marijuana, cocaine, methamphetamines)
- Prescription medications (e.g., opioids, benzodiazepines, muscle relaxants)
- Over-the-counter drugs (e.g., antihistamines, sleep aids)
Even legally prescribed medications can lead to BUI charges if they impair your ability to operate a vessel safely. The key legal standard is impairment, not legality of use.
🚨 How Drug Use Is Detected in Boating Accidents
Unlike alcohol, which can be measured with a breathalyzer, drug impairment is harder to quantify on the water. Officers rely on:
- Behavioral observations (slurred speech, erratic navigation, delayed responses)
- Seated field sobriety tests (e.g., finger-to-nose, horizontal gaze nystagmus)
- Drug Recognition Experts (DREs) when available
- Blood or urine tests after arrest or serious accidents
In many states, refusing chemical testing after a boating accident can result in automatic penalties, including license suspension or fines.
⚠️ Legal Liability in Drug-Related Boating Accidents
If you cause a boating accident while under the influence of drugs, you may face:
- Criminal charges (BUI, reckless operation, endangerment)
- Civil liability for injuries, deaths, or property damage
- Insurance denial if impairment is proven
- Federal charges if the accident occurs in navigable waters or involves commercial vessels
Even if you weren’t “high,” the presence of impairing substances in your system can shift liability — especially if your actions contributed to the crash.
🛡️ How Drug Use Affects Injury Claims
If you’re the injured party and the other operator was impaired by drugs:
- Their impairment strengthens your case for negligence
- You may be entitled to higher compensation for pain, suffering, and punitive damages
- Their insurance company may be more likely to settle quickly
If you were impaired and injured, your compensation may be reduced or denied under comparative fault laws — even if the other party was partially responsible.
🧠 Final Thoughts: BUI Isn’t Just About Alcohol
Drug use and boating don’t mix — and the legal system treats drug-related impairment just as seriously as alcohol. Whether you’re taking prescription meds or using recreational substances, you’re responsible for knowing how they affect your ability to operate a vessel safely.
If you’ve been involved in a boating accident where drug use may be a factor — whether as a victim or an accused operator — consult a boat accident attorney. They can help you understand your rights, evaluate liability, and navigate the legal complexities of BUI cases.