Michigan is a big state with plenty of places to kayak, and like any other recreational activity, there are risks associated with it. It has many bodies of water that kayakers can enjoy.
Michigan law states that you cannot operate a boat while intoxicated. So, there’s a question that arises can you get a DUI on a kayak in Michigan?
The short answer is yes, it is possible to get a DUI for operating a kayak while impaired in Michigan.
Note: If you want to learn more about kayaking and paddling in Michigan so I recommend you to read Paddling Michigan (Regional Paddling Series) Book.
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Can You Get A DUI On A Kayak In Michigan?
The answer to this question is yes, you can get a DUI on a kayak in Michigan. There are no specific laws in Michigan that address the issue of drinking and kayaking, but the state does have laws that prohibit operating a vessel while under the influence of alcohol.
In Michigan, it is illegal to operate a vessel while under the influence of alcohol. This includes kayaks, canoes, and any other type of vessel. The legal blood alcohol limit for operating a vessel is .08%. If you are found to be operating a vessel while under the influence of alcohol, you could be facing serious penalties.
Penalties for operating a vessel while under the influence of alcohol in Michigan include jail time, fines, and the loss of your boating privileges. You could also be required to complete an alcohol treatment program. If you are convicted of a DUI on a kayak in Michigan, you will have a criminal record.
In the end, it is up to you to decide if you want to risk getting a DUI on a kayak in Michigan. If you do choose to drink and kayak, be sure to do so responsibly and always have a designated sober driver. Never operate a vessel if you are under the influence of alcohol.
What Are The Laws Surrounding DUIs In Michigan?
While in a boat, kayak, or any type of ship on Michigan waterways, you cannot legally drive the boat with a blood alcohol concentration (BAC) level that is 0.08 percent or greater when operating the boat.
You are allowed to have lower BAC levels when boating in Michigan if you are not in control of the boat. This is because the state law has a special rule for non-powered boats, which do not require someone to be in control of the boat to avoid conviction under this law.
A boating DUI is considered a civil infraction and carries fines that can range up to $100 or more plus court costs. You may also have your driver’s license suspended for up to one year and jail time can be fractioned out as well.
What Is The Penalty If You Get A DUI On A Kayak In Michigan?
The consequences of boating under the influence (BUI) are set by law and may vary depending upon your particular case. It will depend on your age and whether you’ve committed a BUI before.
If you’re 17-20 years old, your driver’s license will be suspended for 90 days on the first offense, one year for the second offense, and two years if it is your third or subsequent DUI while operating a vessel. It is also possible that you could face up to 93 days in jail for a first offense, up to one year of imprisonment for the second DUI, and two years if it is your third or subsequent violation.
If you are 21 or older, your driver’s license will be suspended for six months on the first BUI offense, one year for the second offense, and two years if it is your third or subsequent BUI. You could also face up to six months of imprisonment for a first offense, 93 days if it is the second time, and one year if it is your third or subsequent offense.
What To Do If Arrested For A DUI On A Kayak In Michigan?
If you are convicted of boating under the influence, you could face jail time and the loss of your driver’s license. The more prior DUI convictions you have on your record will increase the severity of these potential consequences as well as fines that can be as high as several thousands of dollars. In addition to jail time, fines, and penalties for a second or subsequent DUI offense while operating a boat in Michigan, the law also sets out rules for vehicle forfeiture.
For example, if you are convicted of a second BUI in the last five years, your vessel may be seized and sold at auction by local or state police agencies.
How Can You Protect Yourself From Getting Arrested For A DUI?
Here are some of the steps that you can follow to protect yourself from getting arrested for a DUI.
1. Don’t Drink Alcohol And Drive Your Kayak
It is illegal to operate a boat while impaired in Michigan, so don’t do it.
2. Know the Law
The law specifies that if you’re operating a powerboat you cannot have a BAC level of 0.08 percent or greater when executing the operation of the boat, so know the law.
3. Designated Boat Operator
A boat operator who only drinks water, soda, and/or non-alcoholic beverages can help ensure that a boating accident does not occur due to impairment.
4. Avoid Alcohol
If you do drink alcohol before operating your kayak or any type of ship, make sure that it is not until you have been off the boat for a while. If you do drink, don’t go on the boat.
5. Don’t Mix Alcohol and Water Sports
Drinking alcohol around watercraft of any kind can lead to serious legal consequences, so avoid drinks before or while boating.
Conclusion
In the end, I hope this article has been informative and has helped you understand the law better and you will now understand better about can you get a DUI on a kayak in Michigan? This is a growing field of DUI that may not be as common as your car or truck, but if you do plan on boating then it is always best to be safe and inform yourself early on about the rules of the road.
FAQs
Q1. What do you mean by “handling a vessel” in Michigan?
Handling a vessel means controlling the speed and course of the boat. This includes taking turns, maintaining speed, and slowing or stopping the vessel.
Q2. What is the legal BAC limit for boating in Michigan?
The legal BAC limit is 0.08 percent for boat operators in Michigan.
Q3. What is the penalty for a first offense?
The penalty for a first offense is up to 93 days of imprisonment, fines ranging from $100-$500, and loss of driver’s license for up to one year.
Q4. Can you drink while on kayak?
There is no definitive answer to this question as it depends on various factors such as local laws, weather conditions, and your personal level of experience. That said, we generally advise against drinking while kayaking as it can impair your judgment and increase the risk of accidents. If you do choose to drink while kayaking, be sure to do so responsibly and never exceed your personal limits. Remember, safety always comes first!