Boating Under the Influence (BUI) in Mississippi

Understanding Mississippi BUI Laws and Penalties

Boating under the influence (BUI) in Mississippi is a serious offense that can result in fines, jail time, and a ban on operating a watercraft. If you’ve been arrested for boating while intoxicated, it’s important to understand your rights under the Mississippi Alcohol Boating Safety Act — and to speak with an experienced Mississippi BUI defense attorney as soon as possible.

Mississippi’s Boating Under the Influence Law

Under Mississippi law, it is illegal to operate a watercraft on public waters while:

• Under the influence of alcohol or drugs,
• Impaired by any substance that affects your ability to safely operate the watercraft, or
• Having a blood alcohol concentration (BAC) of 0.08% or higher, as shown by a breath, blood, or urine test.

The law applies to all motorized vessels with 25 horsepower or more, including jet skis and personal watercraft.

Implied Consent: You Agree to Testing by Boating

By operating a boat in Mississippi waters, you are giving implied consent to chemical or breath testing if law enforcement has probable cause to suspect impairment.

Refusing a BUI Test Can Lead to:

• Immediate arrest
• A mandatory one-year suspension of your privilege to operate a boat
• Use of your refusal as evidence in court

Law enforcement has three hours from the time they establish probable cause to administer the test. You also have the right to an attorney and must be informed of that right at the time of arrest.

Mississippi BUI Penalties

Being convicted of BUI in Mississippi can carry escalating penalties, especially for repeat offenses.

First Offense

• $250 to $1,000 fine
• Up to 24 hours in jail
• Mandatory boating safety education course

Second Offense (Within 5 Years)

• $600 to $1,000 fine
• 48 hours to 1 year in jail, or
• 10 days to 1 year of community service
• 1-year ban on operating a watercraft

Third Offense (Within 5 Years)

• $800 to $1,000 fine
• 30 days to 1 year in jail
• 2-year ban from operating any watercraft

Fourth or Subsequent Offense (Within 5 Years)

• Felony conviction
• $2,000 to $5,000 fine
• 90 days to 5 years in state prison
• 3-year watercraft operation ban

Key Definitions Under Mississippi BUI Law

• Chemical Test – Analysis of blood, breath, urine, or other bodily fluids for alcohol or impairing substances.
• Intoxicated – Impairment due to alcohol or drugs that affects your ability to safely operate a watercraft.
• Public Waters – Any body of water under Mississippi jurisdiction.
• Watercraft – Any vessel with 25+ horsepower, including jet skis.
• Operating a Watercraft – Anytime a vessel is underway on public waters.

Charged With Boating Under the Influence in Mississippi?

Call a Mississippi BUI Defense Lawyer Today

If you’ve been arrested for boating under the influence in Mississippi, you need an attorney who understands the unique aspects of BUI law and how to defend against these charges. At McCormick Lawrence, PLLC, we represent clients facing alcohol-related boating offenses across Jackson County, Harrison County, the Mississippi Gulf Coast, and beyond.

Don’t face a BUI charge alone. Let our experienced criminal defense team help you protect your record, your freedom, and your ability to get back on the water.