Martin & McNally Attorneys at Law
Martin & McNally specializing in Criminial Law: Felonies, Misdemeanors, Drug Charges, DWI, BWI, Traffic

Boating While Intoxicated

In the state of Missouri the law prohibits boating while intoxicated. This means operating a vessel while intoxicated due to alcohol or any combination of alcohol, controlled substances, or drugs. It is evidence of intoxication if a person's concentration of alcohol in their blood is .08% concentration or above.

If you or a loved on has been arrested for boating while intoxicated contact the law offices of Martin & McNally for a FREE, CONFIDENTIAL CONSULTATION at (573)348-4500 or by email and dana@thelakelawyers.com.

What is the range of punishment for BWI

A first conviction is a Class B misdemeanor
A second conviction is a Class C misdemanor
A third conviction is a Class D felony

IMPORTANT: Paying a fine for a citation for BWI will result in a permanent conviction on your record. It is important to consult with counsel to determine all options possible, feel free to contact us for a FREE, CONFIDENTIAL CONSULTATION at (573) 348-4500

Reckless and drunken operation or use of boats or skis prohibited.

306.110. 1. No person shall operate any motorboat or watercraft, or manipulate any water skis, surfboard or other waterborne device in a reckless or negligent manner so as to endanger the life or property of any person.

2. No person shall operate any motorboat or watercraft, or manipulate any water skis, surfboard or other waterborne device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.

Negligent operation of a vessel, penalty--operating a vessel while intoxicated, penalty--involuntary manslaughter with a vessel, penalty--assault with a vessel, penalty--intoxicated condition defined.

306.111. 1. A person commits the crime of negligent operation of a vessel if when operating a vessel he or she acts with criminal negligence, as defined in subsection 5 of section 562.016, RSMo, to cause physical injury to any other person or damage to the property of any other person. A person convicted of negligent operation of a vessel is guilty of a class B misdemeanor upon conviction for the first violation, guilty of a class A misdemeanor upon conviction for the second violation, and guilty of a class D felony for conviction for the third and subsequent violations.

2. A person commits the crime of operating a vessel while intoxicated if he or she operates a vessel on the Mississippi River, Missouri River or the lakes of this state while in an intoxicated condition. Operating a vessel while intoxicated is a class B misdemeanor.

3. A person commits the crime of involuntary manslaughter with a vessel if, while in an intoxicated condition, he or she operates any vessel and, when so operating, acts with criminal negligence to cause the death of any person. Involuntary manslaughter with a vessel is a class C felony.

4. A person commits the crime of assault with a vessel in the second degree if, while in an intoxicated condition, he or she operates any vessel and, when so operating, acts with criminal negligence to cause physical injury to any other person. Assault with a vessel in the second degree is a class D felony.

5. For purposes of this section, a person is in an intoxicated condition when he or she is under the influence of alcohol, a controlled substance or drug, or any combination thereof.

Operating vessel with excessive blood alcohol content--penalty.

306.112. 1. A person commits the crime of operating a vessel with excessive blood alcohol content if such person operates a vessel on the Mississippi River, Missouri River or the lakes of this state with eight-hundredths of one percent or more by weight of alcohol in such person's blood.

2. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by chemical analysis of the person's blood, breath, urine, or saliva.

3. Operating a vessel with excessive blood alcohol content is a class B misdemeanor.

Operation of vessel deemed consent to chemical tests, when--limitation--procedure--information available.

306.116. 1. Any person who operates a vessel upon the Mississippi River, Missouri River or the lakes of this state shall be deemed to have given consent to, subject to the provisions of sections 306.111 to 306.119, a chemical test or tests of such person's breath, blood, urine, or saliva for the purpose of determining the alcohol or drug content of such person's blood if arrested for any offense arising out of acts which the arresting law enforcement officer had reasonable grounds to believe were committed while the person was operating a vessel upon the Mississippi River, Missouri River or lakes of this state in violation of section 306.111 or 306.112. The test shall be administered at the direction of the arresting law enforcement officer whenever the person has been arrested for the offense.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident, or charge.

3. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of such person's choosing and at such person's expense administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

4. Upon the request of the person who is tested, full information concerning the test shall be made available to such person.

Notification of right of refusal--refusal, effect, admissibility.

306.119. 1. If an arresting officer requests a person under arrest to submit to a chemical test, such request shall include the reasons of the officer for requesting the person to submit to a test and shall inform the person that he or she may refuse such request but that such person's refusal may be used as evidence against him or her. If a person refuses a test as provided in this subsection, no test shall be given.

2. If a person refuses to submit to a chemical test of such person's breath, blood, urine, or saliva and that person stands trial for the crimes provided in section 306.111 or 306.112, such refusal may be admissible into evidence at the trial.

Martin & McNally Specializing in Family Law such as divorce and child custody and also Persoanl Injury such as accidental death, Auto & Truck Accidents and Boating Accidents
Martin & McNally Attorneys @ Law Homepage Family Law including Divorce, child custody and adoptions Criminal Defense Personal Injury Contact Information @ Martin & McNally Attorneys at Law Legal Links Driving While Intoxicated Boating While Intoxicated

www.TheLakeAttorneys.com
Martin & McNally | Attorneys at Law
3590 Old Highway 54
Lake Ozark, Missouri, 65049
Phone: 573-348-4500 Fax: 573-348-4504
Counties: Camden, Miller, Morgan, Moniteau, Laclede
Cities: Osage Beach, Camdenton, Lake Ozark, Linn Creek, Eldon, Versailles, Laurie, Sunrise Beach
Copyright 2014 Martin & McNally Lawfirm, LLC

The choice of a lawyer is an important decision and should not be based soley upon advertisements.
The use use of the website does not form an attorney-client relationship

Martin & McNally Attorneys @ Law Homepage Family Law including Divorce, child custody and adoptions Criminal Defense Personal Injury Contact Information @ Martin & McNally Attorneys at Law Legal Links Driving While Intoxicated Boating While Intoxicated Martin & McNally Attorneys at Law Homepage