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Boating Under the Influence in Washington

How Washington 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: Operating a vessel while under the influence of alcohol, cannabis or any drug is a gross misdemeanor (up to 364 days and $5,000). RCW 79A.60.040; RCW 9A.20.021

Boating under the influence (BUI)Operating a vessel while under the influence of alcohol, cannabis or any drug is a gross misdemeanor (up to 364 days and $5,000). A person is considered under the influence with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours of operating, or when affected by alcohol, cannabis or drugs. Operating a vessel recklessly is a misdemeanor, and the court may order restitution for damage or injuries. A legal right to use the drug is not a defense.

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FAQ

What is the penalty for boating under the influence in Washington?
Operating a vessel while under the influence of alcohol, cannabis or any drug is a gross misdemeanor (up to 364 days and $5,000). A person is considered under the influence with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours of operating, or when affected by alcohol, cannabis or drugs. Operating a vessel recklessly is a misdemeanor, and the court may order restitution for damage or injuries. A legal right to use the drug is not a defense.
Can I get a court-appointed lawyer for boating under the influence (bui) in Washington?
Washington's rule on court-appointed lawyers: A person is indigent if he or she receives listed public assistance (such as TANF, aged/blind/disabled assistance, Medicaid, SSI, food stamps or refugee resettlement benefits), is involuntarily committed to a public mental health facility, has an annual income after taxes of one hundred twenty-five percent or less of the current federally established poverty level, or has available funds insufficient to pay any amount for counsel. A person who cannot pay the full anticipated cost of counsel but can pay part is 'indigent and able to contribute.' The court or its designee determines indigency at the first contact or as soon as feasible, using a form prescribed by the Office of Public Defense; the ability to post bond or the resources of friends or relatives (other than a non-victim spouse) cannot by themselves bar appointment, and information provided is confidential from the prosecution in the pending case. A person who is indigent and able to contribute must sign a promissory note for the contribution; the statute sets no specific fee. RCW 10.101.010(3)-(4), 10.101.020
How much does a lawyer for boating under the influence (bui) cost in Washington?
Lawyers set their own fees, and Washington has rules on how they may charge. See hiring a criminal defense lawyer in Washington 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 Washington?
How release before trial works in Washington: If probable cause has not been found, the accused shall be released without conditions. Any person, other than a person charged with a capital offense, shall at the preliminary appearance be ordered released on personal recognizance pending trial unless the court determines that recognizance will not reasonably assure appearance, or there is shown a likely danger that the accused will commit a violent crime, or intimidate or threaten a witness, victim or court employee, tamper with evidence, or violate a protection, no-contact or restraining order. If the court finds the accused is not likely to appear, it must impose the least restrictive conditions that will reasonably assure appearance (such as supervision, travel restrictions, an unsecured bond, a bond with a cash deposit of not more than 10 percent of the bond amount, a surety bond or cash, or electronic monitoring). If the court requires a secured or unsecured bond, it must consider the accused's financial resources. Factors include history of response to legal process, employment and education, family ties, reputation and mental condition, length of residence, criminal record, community members willing to vouch for the accused, and the nature of the charge. On a showing of substantial danger, a bond conditioned on compliance may be imposed only if no less restrictive condition would reasonably assure community safety. Wash. Superior Court Criminal Rule CrR 3.2 (amended effective December 23, 2025) What happens after an arrest.
Can a conviction for boating under the influence (bui) be removed from my record in Washington?
Each state sets its own rules for sealing or expunging records. See Washington 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.