Can You Get a DUI on a Kayak? (DUI Chart for 50 States)


Having only a few adult beverages while kayaking can be costly in multiple states. People already know not to ‘Drink and Drive’, but what about on the water? So, can you get a DUI on a kayak in your state?

You can receive DUI (Driving Under the Influence) or BUI (Boating Under the Influence) while kayaking if your BAC (Blood Alcohol Content) exceeds the limit set by the state you are in. Most states have a BAC limit of .08%, which may lead to arrests and fines, while Utah now has a BAC limit of .05%.

You should be familiar with the laws governing drinking and kayaking (boating) in your home state and any state you plan to travel to.

Photo of Sheriff Boat on Water
Sheriff boat on the water

Below you will find additional information for each state regarding the penalties and fines for exceeding the legal limits while kayaking or other personal watercraft.

Check the Quick Info Chart below for the 1st offense minimum basics

DUI/BUI Quick Information Chart for 50 US States

The information researched is for first-time offenders with no other activity on their records. I recommend you check your state’s laws for stiffer penalties and fines.

Scroll to the end of the article to find a further breakdown of penalties for first-time Boating Under the Influence charges.

Disclaimer: I am not an attorney. This information isn’t legal advice. Check your state for additional information and advice on your state’s DUI laws if you have any questions.

StateBAC LevelJail and FinesDrivers License Suspension
Alabama.08%Up to 1 year
$600-$1200 fines
90 days
Alaska.08%3 days to 1 year
$1,500 – $25,000 fines
90 days
Arizona.08% to .149%Minimum 10 days
Minimum $1,480 fine
90 days
Arkansas.08%24 hrs to 1 year – minimum 7 days if minor under 16 yrs old is present
$150 – $1,000 fines
6 mos
California.08%Up to 6 mos
$390 to $1,000 fines
6 mos
Colorado.08%5 days to 1 year
$600 to $1,000 fines
9 mos
Connecticut.08%48 hrs up to 6 mos or 100 hours of community service
$500 to $1,000 fine
45 days
Delaware.08%Up to 12 mos
$500 to $1,500 fine
12 mos
Florida.08%Up to 6 mos
$500 to $1,000 fine
180 days to a year
Georgia.08%10 days to 12 mos
$300 to $1,000 fine
12 mos
Hawaii.08%48 hrs to 5 days
$259 to $1,000 fine
12 mos
Idaho.08%Up to 6 mos
Up to $1,000 fine
90 to 210 days
Illinois.08%364-day max
$2.500 max fine
12 mos
Indiana.08%Up to 60 days
Up to a $500 fine
180 days
Iowa.08%48 hrs to 1 year
$625 to $1,250 fine
180 days
Kansas.08 g/ml48 hrs to 6 mos
Up to $1,000 fine
30 days
Kentucky.08%48 hrs to 30 days
$200 to $500 fine
30 to 120 days
Louisiana.08%10 days to 6 mos
$300 to $1,000 fine
90 days
Maine.08%1-year max
$500 to $2,000 fine
150 days
Maryland.08%Up to 1-year
Up to $1,000 fine
Up to 6 mos
Massachusetts.08%Up to 2.5 years
$500 to $5,000 fine
12 mos
Michigan.08%Up to 93 days
$100 to $500 fine
180 days
Minnesota.08%90 days
$1,000 fine
90 days
Mississippi.08%Up to 48 hrs
$250 to $1,000 fine
120 days
Missouri.08%Up to 6 mos
Up to $1,000 fine
30 days then 60 days restricted license
Montana.08%24 hr min up to 6 mos
$600 to $1,000 fine
6 mos
Nebraska.08%7 to 60 days
$500 fine
6 mos
Nevada.08%Up to 180 days
$400 min fine
185 days
New Hampshire.08%None
$500 to $1200 fine
9 mos
New Jersey.08%Up to 30 days
$250 to $400 fine
3 mos
New Mexico.08%Up to 90 days
Up to $500 fine
12 mos
New York.08%Up to 1-year
$500 to $1,000 fine
6 mos
North Carolina.08%72 hrs to 6 mos
Up to $1,000
12 mos
North Dakota.08%Up to 30 days
$500 to $1,500 fine
91 days
Ohio.08%3 days to 6 mos
$375 to $1,075 fine
1 to 3 yrs
Oklahoma.08%10 days to 1 year
Up to $1,000 fine
180 days
Oregon.08%48 hrs to 1 year
$1,000 to $6,250 fine
1 year
Pennsylvania.08% to less than .01%6 months probation
$300 fine
None
Rhode Island.08%Up to 1 year
$100 to $400 fine
30 days to 1 year
South Carolina.08%48 hours to 90 days
$400 to $1,000 fine
6 months
South Dakota.08%Up to 1 year
Up to $2,000 fine
30 days to 1 year
Tennessee.08%48 hrs to 11 mos
$350 to $1,500
12 mos
Texas.08%72 hrs to 6 mos
Up to $2,000 fine
90 days to 12 mos
Utah.05%Up to 180 days
At least $1,310 fine
120 days
Vermont.08%Up to 2 yrs
Up to $750 fine
90 days
Virginia.08%Up to 12 mos
$250 to $2,5000 fine
1 year
Washington.08%Up to 364 days
$350 to $5,000 fine
90 days
West Virginia.08%Up to 6 mos
$100 to $500 fine
6 mos
Wisconsin.08%No jail
$150 to $300 fine
6 to 9 mos
Wyoming.08%Up to 6 mos
Up to $750
90 days
Boating Under the Influence (1st Offense DUI) Chart – 2022

Can a Game Warden Give You a DUI Ticket?

Game wardens, considered conservation officers, have the same authority as regular law enforcement police officers.

They may not only check for your current fishing license and conservation stamps status, but they can also issue DUI or BUI tickets and citations for other infractions of the law.

Is a BUI the Same as a DUI?

Boating under the influence is equally unacceptable as driving under the influence in today’s society. The charges and penalties are pretty much the same.

With more focus on the effects of alcohol, while operating vehicles, water vessels included, more laws have been changed and targeted directly toward water activities.

A DUI (Driving Under the Influence) was the charge given to kayakers and boaters. With more people taking to water activities, a BUI (Boating Under the Influence) has replaced the DUI charge.

Can You Refuse to Take a Chemical or Breath Test

You can refuse to submit to a BAC (Blood Alcohol Content) test, but there are consequences in most states. States have what they call an “Implied Consent” law which means:

  • By driving on the state’s roadways – or waterways – you have “consented” to a chemical test of your blood, breath, or urine to determine your body’s alcohol or drug content.

When you refuse to take the BAC test, you will most likely automatically have your driver’s license suspended for up to one year or more in some states.

There are states with severe penalties and punishment for refusing to take the BAC test.

Does Law Enforcement Consider Kayaks a “Vessel” on the Water

Law enforcement officers will use the water “vessel” definition set forth by the United States Coast Guard.

Kayaks are considered vessels and may be cited as such, including Boating Under the Influence.

“The word “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”

United states coast guard

So whether you are on the water with a high-dollar kayak, a $100 kayak, or a cheap rental on vacation, you are still responsible and can be held accountable.

Photo of Breathalyzer - Man on Kayak

How Drinking Affects Your Kayaking

First, as many know, alcohol will make you do or attempt things you usually wouldn’t do. Alcohol affects your thinking processes as well as your body’s coordination.

  • Alcohol will significantly interfere with your decision-making skills
  • Alcohol will affect your balance and coordination
  • Alcohol slows down your reaction times
  • Alcohol will affect your vision
  • Alcohol will dehydrate your body

With poor judgment and decision-making skills, you may think it’s safe to venture further from shore than you usually would or take off when the winds are higher and unsafe.

When alcohol affects your balance and coordination, you may flip your kayak when you usually wouldn’t. 1 in 4 fatalities is due to drowning when falling into the water.

Alcohol slows down reaction times, and if you encounter rough water or high waves or a large fish swims off to the side, pulling your kayak over, you may not be able to recover quickly enough.

Alcohol affects your vision, reduces your peripheral vision, and decreases your depth perception and ability to focus. You may not see that bass boat coming your way!

Alcohol also dehydrates your body, and when your body loses its water, you are more susceptible to heat exhaustion.

“Alcohol use is the leading known contributing factor in fatal boating accidents; where the primary cause was known, it was listed as the leading factor in 18% of deaths.”

US Coast Guard

So drink plenty of water and save those adult beverages for the end of the fishing trip!

And when on the water, always wear a high-quality Coast Guard Approved PFD like the NRS Chinook or Stohlquist Fisherman.

Check the graph below to give you a rough idea of how many drinks one can have and where it places you on the BAC scale.

Photo of Blood Alcohol Percentages by Weight Chart
(*) indicates estimated levels of impairment that could mean “under the influence” (Source)

Ways to Avoid a DUI or BUI on a Kayak

The best way to avoid a BUI is to abstain from alcoholic beverages while on the water! Save them for the end of the day when you’re back home or in the hotel room!

Consider investing in an economical keychain breathalyzer if you bring adult beverages for the afternoon or lunch break on the shore.

Keep it attached to your PFD or on your vehicle keychain. It will come in handy when you’re off the water too!

Other options to bring along with you on the water and to keep the BUIs away are:

  • Plenty of water for staying hydrated.
  • Juices, flavored waters, sodas, iced tea, etc.
  • There is nothing wrong with non-alcoholic beer either! I’ll have them on many occasions and not only when kayak fishing!
  • Have snacks, sandwiches, beef jerky, power or granola bars, etc.
  • Don’t remain on the water longer than expected. You can tire quickly in a kayak.
  • Wear high-tech clothing to keep you cool and splash a little water around everyone when needed!

If you and the others want to party, do it at the end of the day and swap lies all you want! You won’t be risking capsizing your kayak and becoming a statistic.

Need more details on what different states will levy against first-time offenders? Read on!

Possible Consequences for First-Time “Boating Under the Influence” Offenses for 50 States

Alabama

  • Up to one year in jail
  • $600 to $1200 in fines
  • 90-day license suspension
  • 6 months with an Ignition Interlock Device. (2 years with a BAC of .15% or more.)

Alaska

  • Three days to one year in jail
  • $1,500 to $25,000 in fines
  • 90-day license suspension
  • 6 months with an Ignition Interlock Device

Arizona

  • Minimum of 10 days in jail. 24 hrs may be suspended once alcohol screening is done
  • The minimum fine is $1,480
  • 90-day license suspension
  • 1-year mandatory Ignition Interlock Device and possibly eligible for a 6 mos reduction

Arkansas

  • 24 hrs to up to one year in jail and a minimum of 7 days if a minor under the age of 16 is present
  • $150 to $1,000 in fines
  • 6 months license suspension
  • A restrictive license may be applied for with the possibility of having an Ignition Interlock Device installed into the vehicle

California

  • Up to 6 months in jail
  • $390 to $1,000 in fines
  • 6 months license suspension
  • Ignition Interlock Device for 6 months or a 1-year restricted license

Colorado

  • 5 days up to one year in jail
  • $600 to $1,000 in fines
  • 9 months license suspension
  • 1-year license suspension if you refuse to take an alcohol or drug test
  • Ignition Interlock Device for 8 months
  • 48 to 96 hours of Community Service

Connecticut

  • 48 hours up to 6 months in jail or 100 hours of community service
  • $500 to $1,000 in fines
  • 45-day license suspension
  • Ignition Interlock Device for 1 year

Delaware

  • Up to 12 months in jail
  • $500 to $1,500 in fines
  • 12-month license suspension for BAC from .08% to less than .16%
  • 18-month license suspension for BAC from .16% to less than .20%
  • 24-month license suspension for BAC of .20% or higher
  • A restrictive license may be applied for with the possibility of having an Ignition Interlock Device installed into the vehicle

Florida

  • Up to 6 months in jail – 9 months if aggravated
  • $500 to $1,000 in fines
  • 180 days to a 1-year license suspension
  • Ignition Interlock Device for up to 6 months if aggravated and may be optional if under .15%
  • Aggravated is a result of a DUI that involves a minor present or BAC of .15% or higher

First offenses in Florida also include the following:

  • 10-day mandatory jail time
  • 50 hours of community service or pay $10 for each hour of community service

Georgia

  • 10 days up to 12 months in jail
  • $300 to $1,000 in fines
  • 12-month license suspension – may be reinstated after 120 days and attends and completes a DUI Education Program with a $200 fee
  • An Ignition Interlock Device is required if given a Hardship License with travel restrictions and attending treatment or accountability court

Hawaii

  • 48 hours up to 5 days in jail
  • $250 to $1,000 in fines
  • 12-month license suspension
  • Ignition Interlock Device can be applied for while the license is suspended
  • Persons under 18 years of age are not able to apply for the Ignition Interlock Device

Idaho

  • Up to 6 months in jail
  • 10 days to 1 year in jail with BAC .20% or higher
  • Up to $1,000 in fines
  • Up to $2,000 in fines with BAC .20% or higher
  • 90 to 210 days license suspension
  • 1-year license suspension with BAC .20% or higher
  • Ignition Interlock Device for 1 year
  • Restricted license for first-time offenders after 30 days of their suspension

Illinois

  • 364 days maximum in jail
  • 100 hours of community service if BAC is .16% or higher
  • Up to $2,500 in fines and a minimum of $500 in fines if BAC is .16% or higher
  • 1-year license suspension and 2-year license suspension if under the age of 21
  • Ignition Interlock Device may be required when obtaining a restricted driving license

Indiana

  • Up to 60 days in jail
  • Up to 1 year in jail with a BAC of .15% or more
  • Up to a $500 fine
  • Possible fine up to $5,000 with a BAC of .15% or more
  • 180-day license suspension
  • Ignition Interlock Device for 60 days and/or up to 1 year with a BAC of .15% or more

Iowa

  • 48 hrs up to 1 year in jail
  • A $625 to $1,250 in fines
  • 180-day license suspension
  • Ignition Interlock Device, if awarded a restrictive license, for the duration of the restrictive license
  • Must complete a substance abuse evaluation and recommended treatment

Kansas

  • 48 hours up to 6 months in jail
  • Up to $1,000 in fines
  • 30-day license suspension and 1 year if BAC is .15 g/ml or more
  • Ignition Interlock Device for 180 days and 1 year with a BAC of .15 g/ml or more

Kentucky

  • 48 hours to 30 days in jail
  • $200 to $500 in fines
  • 30 to 120 days of license suspension
  • Ignition Interlock Device for 6 months
  • A temporary license may be granted for work, school, or treatment

Louisiana

  • 10 days up to 6 months in jail
  • 48 hours in jail or 32 hours of community service and complete a substance abuse program
  • $300 up to $1,000 in fines
  • 90-day license suspension with BAC of .08% to under .20% with possible hardship license after 30 days
  • 2-year license suspension with BAC of .20% or more
  • 1-year license suspension for refusal to submit to a blood, breath, or urine test
  • A hardship license may be applied for, and you must show it is needed for your livelihood or treatment
  • Ignition Interlock Device for 12 months if BAC was .20% or more

Maine

  • Up to 1-year maximum in jail
  • Minimum of 96 hours in jail for BAC test refusal
  • Minimum of 48 hours in jail with a BAC of .15% or more, or eluding an officer
  • $500 to $2,000 in fines
  • 275-day license suspension for failure to take a BAC test
  • 2-year license suspension if BAC is at least .20%
  • Ignition Interlock Device must be installed for a restricted license

Maryland

  • Up to 1 year in jail
  • Up to $1,000 in fines
  • Up to 6 months of license suspension
  • 180-day license suspension with a BAC of .08%
  • 270-day license suspension for refusing a BAC test
  • Can apply for a hardship license if BAC was under .15%
  • Ignition Interlock Device for 6 months for a first offense
  • Ignition Interlock Device for 1 year if BAC of .15% or more
  • Ignition Interlock Device for 1 year for refusal of chemical test

Massachusetts

  • Up to 2.5 years in jail
  • $500 to $5,000 in fines
  • 1-year license suspension
  • 45 to 90 days license suspension for a first offense
  • 210 days license suspension for a first offense and under 21 years old
  • 180-day license suspension for refusal of BAC test
  • 3-year license suspension for refusal of BAC test and under the age of 21
  • Ignition Interlock Device may be required for a hardship license

Michigan

  • Up to 93 days in jail
  • Up to 180 days in jail if BAC was .17% or more
  • $100 to $500 in fines
  • $200 to $700 in fines if BAC was .17% or more
  • 180-day license suspension for a first offense
  • 1-year license suspension if BAC was .17% or more
  • Ignition Interlock Device is required with a restricted license

Minnesota

  • 90 days in jail
  • $1,000 in fines
  • 90-day license suspension if BAC was .15% or less
  • Must apply for a restricted license to drive to school, work, or treatment
  • Ignition Interlock Device is required with paying all costs associated with IID.

Mississippi

  • Up to 48 hours in jail
  • $250 to $1,000 in fines
  • 120-day license suspension for a first offense
  • May apply for a Restricted Ignition Interlock Device License and pay all costs associated with the IID

Missouri

  • Up to 6 months in jail
  • Up to $1,000 in fines
  • 30-day license suspension followed by a 60-day restricted license
  • Ignition Interlock Device could be a part of probation or restricted license requirements
  • Refusal to take an alcohol test can result in a 1-year license suspension and a 6-month Ignition Interlock Device requirement

Montana

  • Up to 6 months with a 24-hour mandatory minimum
  • $600 to $1,000 in fines
  • 6-month license suspension for a first offense
  • The judge may grant a probationary license to drive to work, school, and treatment subject to the installation of an Ignition Interlock Device

Nebraska

  • 7 to 60 days in jail
  • Up to 60 days or 120 hours of community service if BAC is .15% or over
  • $500 in fines
  • 6 months license suspension for a first offense
  • Fail or refuse to take a chemical test will result in a license revocation
  • Refusing to take a chemical test is considered a crime in Nebraska and punishable with jail and fines
  • Ignition Interlock Device with a revoked license
  • Ignition Interlock Device 45 days after license revocation if BAC is .15% or over

Nevada

  • Up to 180 days in jail
  • Mandatory 2 days in jail or between 48 to 96 hours of community service
  • $400 minimum fine
  • 185 days minimum license revocation
  • Ignition Interlock Device for 185 days if BAC is less than .18%
  • Ignition Interlock Device for 1 to 3 years if BAC is .18% or more
  • Refusal to take a blood, breath, or urine test will result in a 1-year license revocation

New Hampshire

  • No jail for first-time offenders
  • $500 to $1,200 in fines
  • 9 months to 2 years license suspension
  • Aggravated DUI is considered a BAC of .16% or more, and eluding an officer carries a 5 day to 1 year in jail and a $750 to $2,000 fine
  • Unlawfully refusing a chemical test will result in a 180-day license suspension
  • Ignition Interlock Device can be ordered by a judge
  • Ignition Interlock Device is mandatory for 1 to 2 years for an aggravated DUI

New Jersey

  • Up to 30 days in jail
  • $250 to $400 in fines
  • $300 to $500 in fines if BAC is .10% or more
  • 3 months license suspension
  • 7 to 12 months license suspension if BAC is .10% or more
  • All convictions must take alcohol and drug screening/evaluation and complete treatment
  • Unlawfully refusing a breathalyzer test will result in a 7-month to 1-yer license revocation and $300 to $500 in fines
  • Ignition Interlock Device required for 3 to 15 months depending upon the BAC levels

New Mexico

  • Up to 90 days in jail
  • Up to $500 in fines
  • BAC of .16% or more will result in a mandatory jail time increase of 48 hours and
  • 24 hours of community service
  • Offenders must complete a substance abuse program
  • 1-year license suspension
  • Ignition Interlock Device for 1 year

New York

  • BAC level of .07% but less than .08% is considered Impaired
  • BAC level of .08% and more is considered a DUI
  • Up to 1-year in jail
  • $500 to $1,000 in fines
  • 6 months license suspension
  • Refusing to take a blood, breath, urine, or saliva test will result in a 1-year license suspension and a $500 fine
  • Must complete alcohol and drug screening and assessment
  • Must complete substance abuse treatment program
  • Pay a driver responsibility fee of $250 per year for 3 years
  • Ignition Interlock Device from 6 months up to 1 year

North Carolina

  • 72 hours to 6 months in jail
  • Up to $1,000 in fines
  • 1-year license revocation
  • Refusal to take a blood, breath, or urine test will result in a 12-month license revocation
  • With a BAC of .15% or higher, you must complete 45 days of the revocation period before having limited driving privileges
  • Limited driving privileges allow driving during the revocation period to and from work, school, and church
  • Ignition Interlock Device for 1 year, if underage until 21 years old

North Dakota

  • Up to 30 days in jail
  • Minimum 2 days in jail if BAC is .16% or more
  • $500 to $1,500 in fines
  • Minimum $750 fine if BAC is .16% or more
  • Must complete the addiction treatment program evaluation
  • 91-day license suspension
  • 180-day license revocation for refusal to take the blood, breath, urine, or saliva test
  • Ignition Interlock Device for a suspended license after 30 days

Ohio

  • 3 days to 6 months in jail
  • $375 to $1,075 in fines
  • Increased penalties for a BAC of at least .17% called “Aggravated” or “Super” charges
  • The first “Aggravated” offense includes 3 days of jail and 3 days in the Driver Intervention Program
  • 1 to 3 years license suspension
  • 1-year license suspension for refusal to take BAC test
  • Limited license possible for certain driving times, routes, and locations
  • Ignition Interlock Device required for limited license driving
  • Must complete an initial 15-day for a first offense to be eligible for an IID

Oklahoma

  • 10 days to 1 year in jail
  • Jail can be waived if agreeable to a substance abuse treatment recommendation
  • Up to $1,000 in fines
  • 180 days license revocation
  • Ignition Interlock Device required for refusal of BAC test
  • A modified license requires an Ignition Interlock Device

Oregon

  • 48 hours to 1 year in jail or 80 hours of community service
  • $1,000 to $6,250 in fines, $2,000 if BAC is .15% or more
  • 1-year license suspension
  • 1-year license suspension for refusal of blood, breath, or urine BAC test
  • Suspension for refusal to take the BAC test is consecutive to other penalties
  • Ignition Interlock Device for 1-year
  • Required to complete a $150 screening assessment and substance abuse treatment program

Pennsylvania

  • All must complete alcohol and drug evaluation
  • All must complete a state-approved alcohol highway safety class
  • Refusal of a breath or blood test results in 12 months of license suspension and a $500 license reinstatement fee
  • Ignition Interlock Device for one year after reinstatement
  • First-time offenders immediately eligible for the Ignition Interlock Device for limited driving privileges

First offense with BAC of .08% 50 to less than .10%

  • 60 days probation, no jail
  • $300 fine
  • No license suspension

First offense with a BAC of .10% to less than .16%

  • 48 hours to 6 months in jail
  • $500 to $5,000 in fines
  • 12 months license suspension

First offense with BAC of .16% or more

  • 72 hours to 6 months in jail\
  • $1,000 to $5,000 in fines
  • 12 months license suspension

Rhode Island

  • Up to 1 year in jail
  • $100 to $400 in fines
  • 30 days to 12 months license suspension
  • Ignition Interlock Device for 3 months to 1 year
  • Ignition Interlock Device may be ordered by the judge for eligible offenders
  • The judge may issue a hardship license to first-time offenders
  • All must attend and pass a court-approved DUI class and/or treatment program

First offense with BAC of .15% or more

  • Up to 1-year in jail
  • $500 fine
  • 3 to 18 months license suspension

South Carolina

  • 48 hours to 90 days in jail
  • $400 to $1,000 in fines
  • Offenders must enroll in Alcohol and Drug Safety Action Program
  • First-time offenders can serve community service in place of jail time
  • 6-month license suspension
  • Offenders may receive a temporary provisional license
  • Offenders who refuse the BAC test or with a BAC of .15% or greater cannot get a provisional license
  • Ignition Interlock Device for BAC test refusal or BAC greater than .15%

South Dakota

  • Up to 1 year in jail
  • Up to $2,000 in fines
  • 30 days to 1-year license suspension
  • A restricted license may be granted for employment and treatment
  • Refusal of a BAC test will result in a 1-year license revocation
  • South Dakota statutes do not allow the dismissal of a DUI without good cause
  • Ignition Interlock Device is not mandatory in South Dakota, and the court may require a 24/7 sobriety program and periodic drug and alcohol testing.

Tennessee

  • 48 hours to 11 months in jail
  • $350 to $1,500 in fines
  • 1-year license suspension
  • The work release program allows offenders to work and return to jail after work
  • Probation is available for completing a substance abuse assessment and adhering to the treatment policies
  • Ignition Interlock Device is required for a restricted license and driving to work, school, or a treatment program

Texas

  • 72 hours to 6 months in jail
  • 12 months maximum in jail with a BAC of .15% or more
  • Up to $2,000 in fines
  • Up to $4,000 in fines with a BAC of .15% or more
  • Ignition Interlock Device is required with an occupational driver’s license to drive back and forth from work
  • Refusal of a BAC test results in a 180-day license suspension

Utah

  • Up to 180 days in jail
  • Mandatory 2 days in jail or 48 hours of community service
  • At least $1,310 in fines
  • Refusal to take a BAC test will result in an 18-month license revocation
  • Ignition Interlock Device is at the judge’s discretion
  • Ignition Interlock Device is mandatory for 1 year with a BAC of .16% or more

Vermont

  • Up to 2 years in jail
  • Up to $750 in fines
  • 90-day license suspension
  • Refusal to take the BAC test will result in a 6-month license suspension
  • Ignition Interlock Device may be applied for after serving 30 days of the suspension
  • $125 fee to be paid for the Ignition Interlock Device

Virginia

  • Up to 12 months in jail
  • $250 to $2,500 in fines
  • 1-year license suspension
  • Refusal to take a BAC test will result in a 1-year license suspension
  • Ignition Interlock Device for a minimum of 6 months with a restricted license

Washington

  • 1 to 364 days in jail (1-day mandatory)
  • Instead of the 1 mandatory day, offenders can serve 15 days of house arrest or 90 days in the 24/7 Sobriety Program
  • $350 to $5,000 in fines
  • With a BAC of .15% or more or refusal to take a BAC test, 2 to 364 days in jail and $500 to $5,000 in fines
  • 90-day license suspension
  • 2-day suspension if enrolled in the 90-day 24/7 Sobriety Program
  • With a BAC of .15% or more, there is a 1-year license suspension
  • 4-day suspension if enrolled in a 120-day Sobriety Program
  • Ignition Interlock Device is required during the probationary period
  • Offenders may apply for a restricted license with the installation of an Ignition Interlock Device

West Virginia

  • Up to 6 months in jail
  • Minimum 48 hours in jail if your BAC is .15% or more
  • $100 to $500 in fines
  • $200 to $1,000 in fines if your BAC is .15% or more
  • 6 months license suspension
  • Ignition Interlock Device (under .15% BAC) for 120 days and the license suspension is reduced to 15 days
  • Ignition Interlock Device (.15% BAC and more) for 270 days and the license suspension is reduced to 45 days
  • Refusal to take the BAC test will result in a 1-year license suspension

Wisconsin

  • No jail time is required for a first-time offense
  • $150 to $300 in fines
  • The offender is required to submit to a drug and alcohol evaluation
  • Results of the drug and alcohol evaluation to result in outlining treatment and sobriety testing
  • The judge may order community service
  • Fines are doubled for BAC levels of .17% to .199%
  • Fines are tripled for BAC levels of .20% to .249%
  • Fines are quadrupled for BAC levels of .250% or more
  • 6 to 9-month license suspension
  • Hardship or occupational license can be requested
  • Ignition Interlock Device is required for 1 year after a hardship or occupational license is obtained

Wyoming

  • Up to 6 months in jail
  • Up to $750 in fines
  • 90-day license suspension
  • Convicted persons must complete a substance abuse program
  • The judge may order treatment and sobriety testing based on the results of the substance abuse program
  • The judge may order up to 3 years of probation
  • Refusal to submit to a BAC test will result in a 90-day license suspension
  • A probationary license is available if there are no other offenses within 5 years
  • A restricted license is available for all others with a $125 fee and applying for an Ignition Interlock Device

My final thoughts on this…

Being cited for a DUI when leaving the parking lot, or being hauled off by law enforcement in front of your friends and bystanders isn’t worth it.

Not only can the fines be hefty, but the high-risk vehicle insurance will also hurt your wallet even worse! As a past insurance guy for 16+ years, I know what the costs are!

Don’t risk it!

Enjoy your day on the water and concentrate on landing that personal best fish for yourself! Celebrate later when you’re home or safe with friends.

Have fun and stay safe out there!

Mike Rodman

Mike enjoys fishing all year round, from fly fishing small streams in Wyoming's higher mountains to kayak fishing the lower altitude lakes and reservoirs. Mike also has a passion for ice fishing. When he has spare time, he'll be found at his rod bench building custom fishing rods.

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