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Oregon’s BUII law prohibits operating a boat with a blood alcohol content of 0.08% or higher. Convictions are Class A misdemeanors with penalties including up to 1 year jail, $6,250 fines, loss of boating privileges for 1-3 years, and boating safety education card suspension. BUII counts toward DUII convictions and has no diversion program.
For more information about Oregon boating regulations, visit our Oregon boating guide.
Oregon law prohibits operating a boat while under the influence of intoxicants, a crime known as BUII (Boating Under the Influence of Intoxicants). The legal blood alcohol content limit is 0.08% for all boat operators in Oregon, matching the DUII limit for vehicle drivers. The statute is codified in Oregon Revised Statutes 830.325.
BUII is taken as seriously as DUII by Oregon law enforcement and the courts. Even operating at speeds that would be legal while sober may constitute reckless boating if you are impaired.
Law enforcement officers trained in marine safety are empowered to stop and test boaters suspected of operating under the influence. The penalties for BUII violations reflect the serious safety hazards created by impaired boat operation on shared waterways.
BUII is classified as a Class A misdemeanor in Oregon, the most serious misdemeanor charge.
Convictions carry severe penalties: up to one year in jail, fines reaching $6,250, up to five years of probation, loss of boating privileges for one to three years, and suspension of your boating safety education card for one to three years. These penalties reflect the danger that impaired boating poses to yourself and others on the water.
Courts take BUII seriously and penalties have increased in recent years. In addition to criminal penalties, you may face civil liability if your impaired boating causes injury or property damage to others. A BUII conviction will appear on your criminal record permanently unless you qualify for expungement under Oregon law.
A BUII conviction counts toward DUII conviction history under Oregon law. This means that a BUII arrest can affect your driving privileges for cars as well. If you have a prior DUII and receive a BUII conviction, you face enhanced penalties for both offenses.
The connection between BUII and DUII convictions underscores Oregon’s commitment to preventing all forms of impaired vehicle operation. This interaction can result in vehicle driver license suspension in addition to boating privilege suspension.
Some insurance companies also consider BUII convictions when determining eligibility and rates for auto and boat insurance policies.
Unlike DUII in Oregon, there is no diversion program available for BUII convictions. DUII charges may sometimes be reduced through completion of treatment and education programs, but BUII has no such option. This means BUII convictions are permanent and cannot be dismissed through diversion.
The lack of a diversion program reflects the severity with which Oregon treats boating under the influence. Anyone facing a BUII charge should take it very seriously and consult with an attorney immediately.
The lack of diversion options makes it crucial to understand your rights and responsibilities when operating boats in Oregon.
Oregon’s implied consent law applies to boating. When you operate a boat on Oregon waters, you are deemed to have consented to breath or blood testing if a law enforcement officer has reasonable grounds to believe you are operating under the influence.
Refusing a test can result in automatic license suspension and has other legal consequences. However, you have the right to speak with an attorney before submitting to testing. Understanding your rights in a BUII situation is important if you are ever stopped by a marine officer.
Always remain calm and polite during any interaction with law enforcement, and remember that you have constitutional rights that must be respected.
For more information about Oregon BUII laws and other boating regulations, visit our Oregon boating license page.
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