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Boating While Intoxicated

Boating while intoxicated is treated with the same seriousness under Colorado law as driving under the influence on the road, and the consequences for those accused can be severe. A single day on the water can quickly escalate into an arrest that carries the possibility of jail time, heavy fines, community service, and restrictions on future boating privileges. Unlike other recreational citations, these cases are prosecuted as criminal offenses, and the law allows prosecutors to rely on both chemical test results and officer observations to prove impairment. The legal framework is highly technical, with strict rules governing what counts as “operation” or “actual physical control” of a vessel, when chemical testing must occur, and how evidence may be used in court.

Colorado Boating While Intoxicated Lawyer

For individuals facing these charges, the stakes are personal and immediate: freedom, reputation, and the ability to return to Colorado waters are all on the line. Below, Law Office of Matthew A. Martin, P.C. outlines how the law defines BWI, what penalties apply, what defenses may be raised, and how an experienced Colorado boating while intoxicated lawyer can intervene to protect clients from the harshest outcomes.

If you have been charged with a BUI offenses in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of DUI and related crimes, such as BUI.

Call (303) 725-0017 to set up your first consultation free of charge.

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Colorado Boating Under the Influence (BUI) Law Overview

Scope of the BUI Statute — Colorado law makes it a misdemeanor for a person to operate or be in “actual physical control” of a motorized, wind-powered, or flying vessel on state waters while under the influence. This offense is defined under C.R.S. § 33-13-108.1(1)(a)(I), (III), and (IV). A person is considered “under the influence” if alcohol, a controlled substance, another drug, or a combination of these substances renders the person incapable of safely operating the vessel. Importantly, the law applies not only to boats with motors but also to wind-powered vessels, and it covers situations where a person may not be driving but is still in control of the vessel.

Testing, Presumptions, and Timing — Colorado law also establishes a per-se alcohol limit. Under C.R.S. § 33-13-108.1(1)(a)(II) and (2)(a), a blood alcohol concentration (BAC) of 0.08 grams or more per 100 milliliters of blood, or 0.08 grams or more per 210 liters of breath, creates a presumption that the person was under the influence. The test must occur at the time of operation or within two hours afterward, and the state must prove that no alcohol was consumed between operation and testing. Other evidence can be considered as well, such as officer observations and witness testimony, under § 33-13-108.1(2)(b) and (3). Colorado’s express consent law requires boaters to submit to breath or blood testing if arrested for BUI, with refusals admissible at trial.

First-Offense Sentencing and Court Orders — A first conviction carries mandatory jail time of five days up to one year, fines between $600 and $1,000 (which may be suspended), and a requirement to complete 48 to 96 hours of useful public service. The court may also impose up to two years of probation for treatment, and it must order that the person not operate a vessel for three months. The five-day minimum jail sentence can be suspended if the person completes a presentence alcohol and drug evaluation and satisfactorily completes and pays for Level I or Level II education or treatment.

Repeat-Offense Sentencing and Court Orders — A subsequent conviction increases penalties significantly. Under § 33-13-108.1(12)(b), a second or later offense requires mandatory county jail of at least 60 days up to one year. The court may suspend up to 50 days if the person complies with evaluation and treatment conditions, but the remaining 10 days are mandatory. The fines remain between $600 and $1,000, and the required public service hours increase to 48 to 120, which cannot be suspended. A court must also order that the person not operate a vessel for one year. The statute makes clear that prior convictions and deferred judgments count as “convictions” for sentencing purposes.

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Colorado Boating With 0.08 BAC or Higher (Per-Se BUI)

Definition of Per-Se Alcohol Violation — Colorado law sets a strict standard for alcohol concentration on the water. Under C.R.S. § 33-13-108.1(1)(a)(II), a person is guilty of BUI if testing shows a BAC of 0.08 grams or more per 100 milliliters of blood or 0.08 grams or more per 210 liters of breath. The test must be given within two hours of operating the vessel, and the prosecution must establish that the person did not consume alcohol in the meantime. This per-se violation does not require proof that the operator was visibly impaired, since the chemical test alone is enough to trigger the statutory presumption of intoxication.

Penalties for Per-Se BUI Convictions — A first conviction carries mandatory jail of five days to one year, fines between $600 and $1,000 (with the possibility of suspension), and 48 to 96 hours of useful public service. The person will also face a three-month court order prohibiting vessel operation. For subsequent convictions, penalties increase to a mandatory 60 days to one year in jail, fines of $600 to $1,000, and 48 to 120 hours of mandatory public service, along with a one-year boating prohibition. Probation of up to two years may be ordered for treatment in either scenario.

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Colorado Boating Under the Influence of Drugs (BUI-Drugs)

Definition of Drug-Based BUI — Colorado law makes it a misdemeanor to operate or be in actual physical control of a vessel while under the influence of any controlled substance or “any other drug” that makes the operator incapable of safely operating, according to C.R.S. § 33-13-108.1(1)(a)(III). The statute is written broadly, including not only scheduled controlled substances under § 18-18-102(5) but also other impairing drugs such as inhalants and toxic vapors. Importantly, the fact that a person was entitled to use a controlled substance or drug under state law is not a defense if the substance impaired their ability to operate safely.

Testing and Evidence of Drugs — Officers may request a person to submit to blood, saliva, or urine testing for the purpose of determining drug content if arrested for a BUI offense. Evidence in these cases often comes from toxicology reports, officer testimony regarding signs of drug impairment, and circumstantial factors such as erratic vessel operation or unsafe conduct.

Penalties for Drug-Based BUI — A first conviction carries mandatory jail of five days to one year, fines of $600 to $1,000, and 48 to 96 hours of useful public service, along with a three-month prohibition on operating a vessel. For a second or subsequent conviction, the mandatory jail range increases to 60 days to one year, fines remain at $600 to $1,000, and the required public service hours increase to 48 to 120, with a one-year vessel operation ban. Probation and treatment conditions may also be imposed for up to two years.

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Offense for Letting an Impaired Person Operate a Boat

Prohibited Conduct by Owners and Operators — Colorado law does not only target vessel operators themselves. Under C.R.S. § 33-13-108.1(13)(a), no owner or operator of a vessel may knowingly allow the vessel to be operated by or come under the actual physical control of any person who is under the influence of alcohol, a controlled substance, another drug, or any combination of these. This extends criminal liability to those who knowingly permit impaired operation.

Penalties for Authorizing an Impaired Operator — A violation of this subsection is classified as a class 2 misdemeanor. See § 33-13-108.1(13)(b). While penalties for class 2 misdemeanors vary depending on the court’s discretion and the circumstances of the offense, exposure generally includes jail time, fines, and court costs, along with a permanent criminal record. This charge is separate from a direct BUI charge and can be applied even if the vessel owner was not personally operating the boat.

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What Elements a Jury Looks at in a Colorado BUI Case

Operation or Actual Physical Control — In every BUI prosecution under C.R.S. § 33-13-108.1, the state must prove that the accused either operated the vessel or was in actual physical control of it. “Operation” is straightforward when the person is actively navigating or steering. “Actual physical control” is broader and may include being behind the wheel with the keys in the ignition, sitting at the helm with the engine on, or otherwise being in a position to immediately direct the vessel’s movement. Jurors are instructed to look at the facts and decide whether control existed, even if the vessel was not moving at the time.

Type of Vessel Involved — The law applies to motorized, wind-powered, or flying vessels on Colorado waters. Jurors must determine whether the craft fits one of these categories. Paddleboards, canoes, and kayaks are not generally covered unless they are motorized. Establishing that the vessel qualifies under the statute is an essential part of the prosecution’s case.

Timing and Location — The prosecution must prove that the offense occurred on the waters of the state and at the date and time listed in the charging documents. Evidence may include officer testimony, boating location records, GPS data, or witness observations. The “two-hour testing window” is also critical for per-se BUI charges, because the law requires proof that the chemical test was conducted within that time frame and that no alcohol was consumed in the interim.

Impairment or Per-Se Alcohol Level — The state must prove either that the accused was under the influence (incapable of safely operating due to alcohol, drugs, or both) or that the person’s BAC met or exceeded 0.08 grams per 100 milliliters of blood or 210 liters of breath. Jurors often weigh officer observations, field sobriety evaluations, video recordings, and toxicology reports. For drug or combination cases, jurors may consider blood, urine, or saliva test results as well as behavioral evidence. Expert testimony on testing procedures and reliability may also play a role.

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Defenses to Boating Under the Influence Charges in Colorado

Person Was Not Operating or in Actual Physical Control of the Vessel — A central defense is to argue that the accused was not operating or in actual physical control of the vessel at the time of the alleged offense. For example, a person may have been a passenger or resting inside the boat without the ability to immediately operate it. Evidence such as witness statements, the vessel’s engine status, or the defendant’s location on the boat may create reasonable doubt about whether the state proved this element.

Chemical Test Was Inaccurate or Improperly Conducted — Another defense is to challenge the validity of the chemical test. Under C.R.S. § 33-13-108.1(6), tests must be conducted in accordance with State Board of Health rules by authorized personnel. If the testing device was not properly maintained, calibrated, or operated, or if the blood draw was mishandled, the results may be unreliable. Colorado law specifically allows defendants to present evidence showing a disparity between test results and other observed facts.

Symptoms Were Not Caused by Alcohol or Drugs — The state often relies on officer observations such as slurred speech, bloodshot eyes, or poor balance. A defense can be raised that these signs were caused by fatigue, medical conditions, allergies, sun exposure, or other innocent explanations. If jurors believe the signs could be attributed to something other than intoxication, they may find reasonable doubt.

Violation of Constitutional Rights — Evidence may also be excluded if officers violated constitutional protections. For example, if a stop or boarding occurred without reasonable suspicion or probable cause, or if testing was conducted without following lawful procedures, the defense may argue that the resulting evidence should be suppressed.

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Role of a Denver Boating While Intoxicated Attorney

Investigating the Stop and Arrest — The lawyer carefully examines how law enforcement stopped and boarded the vessel, whether reasonable suspicion or probable cause existed, and if the officer followed Colorado Parks and Wildlife and State Board of Health rules. Unlawful stops or procedural errors can lead to critical evidence being thrown out.

Challenging Breath, Blood, and Drug Tests — Because boating while intoxicated cases often depend on chemical testing, the lawyer digs into calibration records, handling of samples, and whether the two-hour statutory testing window was met. Any flaw in how testing was performed can be used to weaken the state’s case.

Presenting Alternative Explanations for Alleged Impairment — Symptoms like red eyes, unsteady movement, or slurred speech can result from sun, wind, dehydration, or medical conditions—not alcohol or drugs. The lawyer uses cross-examination and expert testimony to show jurors that impairment was not proven beyond a reasonable doubt.

Protecting the Client From Harsh Penalties — With penalties that include jail, fines, public service, and mandatory boating restrictions, the lawyer works to secure reduced sentences, treatment alternatives, or outright dismissal.

Standing Firm in Court — At trial, the lawyer acts as both shield and advocate, challenging the prosecution’s narrative and pressing every weakness in the state’s evidence. The client knows their case is being fought with determination, skill, and empathy for the personal and financial stakes involved.

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Frequently Asked Questions About Colorado BUI Laws

What does a Colorado boating while intoxicated lawyer do?
A Colorado boating while intoxicated lawyer defends individuals accused of operating vessels while impaired. They challenge chemical tests, officer observations, and procedural errors, while negotiating reduced penalties or pursuing dismissals. Their goal is to protect clients’ freedom, reputation, and boating privileges.

How can a Colorado boating under the influence lawyer challenge evidence?
A Colorado boating under the influence lawyer can contest evidence by questioning chemical test accuracy, officer training, and compliance with legal timelines. They investigate whether procedures were followed properly and raise constitutional challenges to suppress unreliable or unlawfully obtained prosecution evidence in court.

When should someone hire a Colorado boating while intoxicated lawyer?
A Colorado boating while intoxicated lawyer should be contacted immediately after arrest or charges. Early involvement allows them to evaluate evidence, preserve defenses, and negotiate effectively with prosecutors. Timely action maximizes the chances of reducing penalties or achieving a dismissal.

How does a Colorado boating while intoxicated lawyer handle testing issues?
A Colorado boating while intoxicated lawyer examines whether chemical tests were administered within two hours, properly maintained, and lawfully conducted. Any deviations in calibration, chain of custody, or operator error may render results unreliable, creating reasonable doubt that benefits the accused.

What outcomes can a Colorado boating under the influence lawyer achieve?
A Colorado boating under the influence lawyer may secure reduced charges, alternative sentencing like treatment instead of jail, or even full dismissal. Their efforts focus on minimizing long-term consequences such as criminal records, financial costs, and restrictions on boating privileges.

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Resources

Colorado General Assembly – Boating While Intoxicated Law — This source provides the text of C.R.S. § 33-13-108.1, the Colorado statute on operating a vessel while under the influence. It explains the elements of the offense, the testing procedures, and the penalties for first and repeat convictions. It also includes provisions on express consent, admissibility of test refusals, and the responsibilities of vessel owners who allow impaired individuals to operate.

Colorado State Patrol – Summer Safety in Colorado — This resource from the Colorado State Patrol explains safe boating and driving practices in the summer months. It highlights the risks of impaired operation, the importance of sobriety while operating a vessel, and safety reminders such as wearing life jackets and avoiding distractions.

Colorado Parks and Wildlife – Operation Dry Water Enforcement — This resource provides information on Colorado Parks and Wildlife’s enforcement of boating under the influence laws during the national Operation Dry Water campaign. It explains the dangers of alcohol use on the water, the increased patrols around holidays, and the possible penalties for violations. It also offers general boating safety reminders, including the importance of life jackets and awareness of weather conditions.

Colorado Parks and Wildlife – 2025 Boating Handbook — This handbook from Colorado Parks and Wildlife covers boating regulations and safety requirements in Colorado. It includes information on registration, navigation rules, safety equipment, and operational laws. It also has a section on boating under the influence, explaining how the law applies to vessel operators.

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Hire a DUI and BUI Criminal Defense Attorney in Denver, Colorado

If you have been charged with Boating Under the Influence in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.

Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.