Boating Under the Influence in Utah
How Utah law treats boating under the influence (bui): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.
Short answer: Utah's driving under the influence law applies to motorboats, because 'vehicle' in the DUI part includes a motorboat. Utah Code §§ 41-6a-501(1)(m), 41-6a-502; §§ 76-3-203, 76-3-204
| Boating under the influence (BUI) | Utah's driving under the influence law applies to motorboats, because 'vehicle' in the DUI part includes a motorboat. Operating or being in actual physical control with a blood or breath alcohol concentration of .05 or more, or while too impaired by alcohol or drugs to operate safely, is a class B misdemeanor (up to 6 months and $1,000). It is a class A misdemeanor with a passenger under 16 (or under 18 if the operator is 21 or older) or one prior conviction within 10 years, and a third degree felony with two or more prior convictions within 10 years or any prior felony DUI conviction. Motorboat definition: https://le.utah.gov/xcode/Title41/Chapter6A/C41-6a-S501_2026050620260506.html . |
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FAQ
What is the penalty for boating under the influence in Utah?
Utah's driving under the influence law applies to motorboats, because 'vehicle' in the DUI part includes a motorboat. Operating or being in actual physical control with a blood or breath alcohol concentration of .05 or more, or while too impaired by alcohol or drugs to operate safely, is a class B misdemeanor (up to 6 months and $1,000). It is a class A misdemeanor with a passenger under 16 (or under 18 if the operator is 21 or older) or one prior conviction within 10 years, and a third degree felony with two or more prior convictions within 10 years or any prior felony DUI conviction.
Can I get a court-appointed lawyer for boating under the influence (bui) in Utah?
Utah's rule on court-appointed lawyers: A court shall find an individual indigent if the individual has an income level at or below 150% of the United States poverty level, or has insufficient income or other means to pay for legal counsel and the necessary expenses of representation without depriving the individual or the individual's family of food, shelter, clothing, or other necessities, considering property, debts, dependents, the probable expense of defending the case, and other relevant factors. An individual who transferred or disposed of assets after the offense in order to become eligible may not be found indigent. The court may rely on an affidavit of indigency and may make a finding of indigency at any time; inability to submit the affidavit does not prevent a finding or the appointment of an indigent defense service provider. Utah Code § 78B-22-202 (effective 11/16/2021)
How much does a lawyer for boating under the influence (bui) cost in Utah?
Lawyers set their own fees, and Utah has rules on how they may charge. See hiring a criminal defense lawyer in Utah for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for boating under the influence (bui) in Utah?
How release before trial works in Utah: An individual charged with or arrested for a criminal offense shall be admitted to bail as a matter of right, except when charged with a capital felony with substantial evidence to support the charge; a felony committed while on parole, probation, or bail for a previous felony; a felony where the court finds by clear and convincing evidence that the individual would be a substantial danger to others or the community, or is likely to flee; a felony where the individual violated a material condition of release while previously on bail; and certain domestic violence and impaired-driving offenses described in the statute. Not being lawfully present in the United States creates a rebuttable presumption of flight risk. When issuing an arrest warrant or finding probable cause, a magistrate issues a temporary pretrial status order releasing the individual on recognizance, setting conditions, or ordering detention; detention is required for an individual arrested for a felony committed while on felony parole, probation or pretrial release who is or would be a habitual offender. A pretrial status order is issued at the first appearance. Conditions must be reasonably available and reasonably ensure appearance, the safety of witnesses, victims and the public, and that the individual will not obstruct justice. If a financial condition (other than an unsecured bond) is necessary, the magistrate or judge refers to the statutory financial condition schedule and considers the individual's risk of failing to appear and ability to pay, setting a single amount per case. Utah Code §§ 77-20-201, 77-20-205 What happens after an arrest.
Can a conviction for boating under the influence (bui) be removed from my record in Utah?
Each state sets its own rules for sealing or expunging records. See Utah expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.