Boating in Iowa — particularly on the Coralville Reservoir — is a much-loved summer tradition subject to fewer legal restrictions than driving a motor vehicle. The state's boating regulations, for example, do not prohibit open containers. In this atmosphere of fun and recreation, boaters may make uncharacteristic errors in judgment or find themselves in difficult legal situations with serious consequences. If you were charged with operating a boat while intoxicated, call Keegan, Tindal & Jaeger for an Iowa City & Davenport criminal defense attorney who can help.
Dial (319) 499-5524 now or contact us online to schedule your free consultation with our team.
Helping You Avoid Serious Consequences
Whenever you are charged with a criminal offense, the first thing to do is get help from a qualified legal professional. Since BWI offenses carry high fines, possible jail time and the risk of a felony conviction, an effective defense is vital to preserving your clean boating record.
The penalties of a conviction could include:
- Jail time
- Fines of up to $1,000 or more
- A criminal record following you for years to come
In 2011, Iowa lowered the legal blood alcohol level for boating to .08, which is the same limit for operating a motor vehicle. As with OWI/DUI charges, a person's third BWI offense within 12 years is classified as a felony. Because BWI carries such serious penalties in Iowa, defendants benefit from an aggressive defense.
Call Us Today
At Keegan, Tindal & Jaeger, our experienced lawyers understand Iowa's BWI laws and have developed strategies for defending clients against these charges. J. Dean Keegan brings more than 20 years of defense experience to your case. During your free initial consultation, we will discuss the circumstances of your situation and help you prepare for the upcoming proceedings.
Defending BWI cases in:
- Cedar Rapids
- Davenport
- Quad City
- Scott County
- All of Eastern Iowa
Call (319) 499-5524 now to get started.
Boating and alcohol laws vary from state to state. In Iowa is illegal to operate any boat, or manipulate any waterskis, surfboard or similar device while under the influence of alcohol, marijuana, a narcotic, hypnotic or other drug, or any combination thereof.
In Iowa, a person is considered to be under the influence if:
- They are impaired by alcohol, drugs or a combination of such substances.
- They have a Blood Alcohol Concentration (BAC) level of 0.08 or more.
- They have any amount of a controlled substance is present in their body, as measured in their blood or urine.
In Iowa, a person convicted of operating a boat while under the influence will be subject to the following penalties:
Upon a first offence: A fine of up to $1,000, a minimum of 48 hours imprisonment and a loss of operating privileges for 1 year.
Upon a second offence: A fine of up to $5,000, a minimum of 7 days in jail and a loss of operating privileges for 2 years.
Upon a third offence: A fine of up to $7,500, jail time for up to 1 year and a loss of operating privileges for 6 years.
Implied Consent
Any person operating a boat is deemed to have given consent to a breath and/or blood test to determine if they are impaired by drugs and/or alcohol. Refusal to submit to testing can result in a fine of up to $500 and the loss of operating privileges for up to 1 year.
Iowa’s Law Enforcement Authority
Boating laws in Iowa are enforced by:
- Iowa Department of Natural Resources Conservation officers.
- The Coast Guard (on federal waters).
Law enforcement officers have the authority to stop and board boats that are being launched, operated, or moored in Iowa waters, to conduct an inspection and ensure that operators are in compliance with equipment and documentation requirements.
It is illegal to attempt to elude law enforcement, or to fail to stop your boat when signaled to do so by law enforcement. Enforcement officers will give a visual or audible signal by displaying their flashing blue or red lights, or by using their horn or siren.
Iowa law prohibits operating a motorboat or sailboat while intoxicated by drugs or alcohol. A person can be convicted of boating while intoxicated (BWI) for operating a watercraft while:
Iowa's OWI Laws similarly make it illegal to drive a car while impaired, with a certain amount of alcohol, or with any amount of a controlled substance in your system.
BWI Penalties
The consequences of an Iowa BWI depend on the circumstances of the case. But generally, the consequences are:
- First offense. A first BWI is a "serious misdemeanor" and generally carries 48 hours to one year in jail and $1,000 in fines. First offenders also face a one-year suspension of their boat operating privileges.
- Second offense. Where a BWI offender has a prior BWI conviction that occurred within 12 years of the current violation, the second offense will be an "aggravated misdemeanor" and generally carries at least seven days in jail and $1,000 to $5,000 in fines. Second offenders also face a two-year suspension of their boat operating privileges.
- Third offense. Where a BUI offender has at least two prior BWI convictions that occurred within 12 years of the current violation, the third or subsequent offense will be a class D felony and generally carries 30 days to one year in jail and $2,000 to $7,000 in fines. Third offenders also face a six-year suspension of their boat operating privileges.
- BWI involving serious injury. A BWI involving serious injury to another person is a class D felony and generally carries 30 days to five years in jail, $2,500 to $7,000 in fines, and a one-year suspension of boat operating privileges.
- BWI involving death. A BWI involving death to another person is a class B felony and generally carries up to 25 years in prison and a six-year suspension of boat operating privileges.
Judges are generally required to refer all BWI offenders for substance abuse evaluation and treatment. In some cases, a judge can order an offender to complete a program in a treatment facility in lieu of jail time.
Talk to an Attorney
If you've been arrested for or charged with boating under the influence in Iowa, get in contact with an experienced BWI attorney. The facts of every case are different. A good BWI attorney should be able to explain how the law applies to the facts of your case and help you decide on your best course of action.
- Jail up to one year but not less than 48 hours in jail;
- Mandatory minimum fine of $1,000, however, at the discretion of the court, up $500 of the fine may be waived or the court can order the person to perform unpaid community service instead of paying the fine.
- Court ordered prohibition of operating a motorboat or sailboat for one year.
- Substance abuse evaluation and treatment if recommended.
- Up to 2 years in prison but not less than 7 days in jail.
- Mandatory minimum fine of $1,500 but not more than $5,000.
- Court ordered prohibition of operation of a motorboat or sailboat for two years.
- Substance abuse evaluation and treatment if recommended.
- Up to 5 years in prison but not less than 30 days in jail.
- Mandatory minimum fine of $2,500 but not more than $7,500.
- Court ordered prohibition of operation of a motorboat or sailboat for six years.
- Substance abuse evaluation and treatment if recommended.
Note: Prior Offenses (Convictions Or Deferred Judgments) For Boating While Intoxicated Within The Past 12 Years Will Be Used For Enhancement Purposes. However, Prior Operating While Intoxicated While In A Motor Vehicle Convictions Do Not Count As Prior Convictions Under This Section For Enhancement Purposes.
THE DEPARTMENT OF TRANSPORTATION MAY NOT SUSPEND A PERSON’S MOTOR VEHICLE DRIVING PRIVILEGES FOR A VIOLATION OF BOATING WHILE INTOXICATED LAWS.
If convicted, the sentencing court imposes a restriction on the individual’s ability to operate a motorboat or sailboat in the State of Iowa for the applicable period of time.
Refusals
If an individual arrested or suspected of Boating While Intoxicated refuses to submit to a chemical no test may be compelled. However, the court (not the Department of Transportation) is required to order that the person not operate a motorboat or sailboat for one year upon a conviction. In addition, mandatory “civil penalties” are also required but the validity of these penalties has been called into question by GRL Law’s State v. Pettijohn case.