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What is BWI in Missouri?
With over 110,000 miles of rivers and streams in Missouri, along with an estimated 568 lakes and hundreds more ponds and marshes, boating is obviously one of the favorite pastimes. However, it’s important to remember that operating a boat while under the influence of alcohol or drugs can result in serious legal consequences.
Boating while intoxicated (BWI) is treated similarly to driving while intoxicated (DWI) in Missouri, carrying penalties that can affect your freedom, finances, and ability to operate a boat. If you’ve been charged with a BWI, having an experienced criminal defense attorney by your side is crucial to protecting your rights and future. The Combs Waterkotte legal team has more than 40 years of experience and has successfully handled over 10,000 cases just like yours.
You don't have to go through this alone. Contact one of our lawyers today at (314) 900-HELP to protect your future.
According to Missouri Revised Statute § 577.013, boating while intoxicated (BWI) occurs if you operate a motorized watercraft under the influence of alcohol or drugs. That state prohibits anyone from operating a boat with a blood alcohol concentration (BAC) of .08% or higher, the same legal limit for DWI. If law enforcement suspects you are operating a boat while impaired, you could be stopped, tested, and arrested just like you would if driving a car on the road.
Missouri’s BWI laws apply to motorized vessels, sailboats, personal watercraft (jet skis, waverunners, etc.), and surfboards. They do not apply to kayaks, canoes, or rowboats.
What are the Penalties for BWI in Missouri?
A BWI carries significant penalties in Missouri, especially if it’s not your first offense. It is a class B misdemeanor if it’s your first offense, but a class A misdemeanor if you have been previously convicted of BWI or there is an individual less than 17 years of age in the vessel.
Just like DWI convictions, the BWI laws have the same penalties for persistent, aggravated, chronic, and habitual offenders. A BWI is:
- A class E felony if you’re a persistent boating offender or if, while boating intoxicated, you acted with criminal negligence to cause physical injury to another person.
- A class D felony if you’re an aggravated boating offender or if, while boating intoxicated, you acted with criminal negligence to cause physical injury to law enforcement officer or emergency personnel, or serious physical injury to another person.
- A class C felony if you’re a chronic boating offender or if, while boating intoxicated, you acted with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel, or the death of another person.
- A class B felony if you’re a habitual boating offender or if, while boating intoxicated, you acted with criminal negligence to cause the death of a law enforcement officer or emergency personnel.
Call Combs Waterkotte to Defend Your BWI Charge in Missouri
If you’ve been charged with BWI in Missouri, don’t hesitate getting the legal help you need. Call Combs Waterkotte immediately at (314) 900-HELP or reach out online for a free, confidential consultation with an expert BWI defense attorney.
To learn more about Combs Waterkotte's Missouri DWI/DUI defense and types of cases see below:
- Aggravated DWI
- Celebrity and Public Official/High Profile DWI Cases
- DWI With Child Endangerment
- Unlawful Police Stops
- DWI Resulting in Death
- DWI Assault
- DWI Serious Injury
- Open Container Violations
- DWI/DUI
- Hit and Run DWI
- Felony DWI
- CDL DWIs
- DWI First Offense
- DWI Second Offense
- DWI Accidents
- DWI With Drugs
- DWI With Marijuana
