Can You Get a DUI on a Boat in North Dakota?

Key Takeaways

• Yes. North Dakota law makes it a crime to operate a motorboat or vessel while under the influence of alcohol, drugs, or both, under North Dakota Century Code § 20.1-13-07. Most people call this boating under the influence, or BUI.

• The legal limit on the water is a .10 blood alcohol concentration (BAC), which is actually higher than the .08 limit for driving a car in North Dakota.

• BUI is a Class B misdemeanor. A conviction can carry up to 30 days in jail and a fine of up to $1,500.

• You give implied consent to a chemical test just by operating a vessel on North Dakota waters. Refusing the test can bar you from operating a boat for one to three years.

• The law covers boats, sailboats, canoes, kayaks, and rowboats, but it does not cover inner tubes, air mattresses, or other water toys.

• A BUI creates two separate problems at once: a criminal case in court and an administrative action by the North Dakota Game and Fish Department against your privilege to operate a boat.

• Drinking on a boat is not itself illegal in North Dakota. Operating a vessel while impaired is what breaks the law.

Is a boating DUI a real thing in North Dakota?

Summer on Lake Sakakawea, the Missouri River near Bismarck and Mandan, or Devils Lake often means a cooler on board and a long day in the sun. Many boaters assume the rules that apply on the road stop at the boat ramp. They do not.

North Dakota treats a drink-and-boat situation seriously. If a game warden or officer believes you are operating a vessel while impaired, you can be arrested, tested, and charged with a crime. You can also lose your privilege to operate a boat through a completely separate process.

This article explains what boating under the influence means under North Dakota law, the .10 limit that applies on the water, the penalties you may face, and how the state enforces these rules. It is general information, not legal advice for your specific situation.

Can you get a DUI on a boat in North Dakota?

Yes. Under North Dakota Century Code § 20.1-13-07, it is a crime to operate a motorboat or vessel while under the influence of intoxicating liquor, drugs, or a combination of both. Known as boating under the influence, or BUI, the offense is a Class B misdemeanor. The legal alcohol limit on the water is a .10 blood alcohol concentration.

People often call it a "boating DUI" because the idea is the same as a driving DUI: the state prohibits operating a vehicle, on the road or on the water, while your ability to do so safely is compromised. The North Dakota boating DUI rules simply live in a different part of the law than the familiar road-DUI statute, and a few of the details are different.

What is the legal limit for boating under the influence in North Dakota?

The legal blood alcohol concentration limit for operating a vessel in North Dakota is .10. If a chemical test taken within two hours of operating shows a BAC of .10 or higher, North Dakota law considers you to have been under the influence at the time you were operating the vessel.

That is an important difference from driving. On the road, North Dakota uses a .08 per se limit. On the water, the number is .10. A higher number does not mean the water is a free-for-all. It simply means the specific threshold that triggers a boating under the influence charge is set at .10.

You can be charged even below .10

The .10 figure is a "per se" limit, meaning at or above it you are treated as impaired without further proof. But you do not have to blow a .10 to be charged. North Dakota law also lets an officer pursue a BUI if you are actually under the influence of alcohol, or under the influence of drugs to a degree that makes you incapable of safely operating the vessel, even if your number is lower. Prescription medication, cannabis, and other substances can all support a charge.

What does "operating" a "vessel" mean?

North Dakota's boating intoxication law, found in North Dakota Century Code Chapter 20.1-13.1, defines the key terms narrowly and precisely:

• "Operates" means to be in motion, en route, but not at anchor or aground. In plain terms, the boat generally has to be moving. Sitting still at anchor or beached on a sandbar is treated differently than actively navigating.

• "Vessel" means any watercraft used or designed for navigation on the water. That includes a boat run by machinery, a sailboat (other than a sailboard), an inflatable manually propelled boat, a canoe, a kayak, and a rowboat.

• The definition specifically does not include an inner tube, an air mattress, or another water toy.

So a canoe or kayak on the Missouri River can absolutely fall under the BUI rules, but drifting on an inner tube generally does not. North Dakota law also separately prohibits manipulating water skis or a surfboard while intoxicated, so the water-sports crowd is not exempt either.

What are the penalties for a North Dakota boating DUI?

A boating DUI in North Dakota hits on two fronts at the same time. There is the criminal case, handled in court, and there is an administrative action by the North Dakota Game and Fish Department that targets your privilege to operate a boat. These run on separate tracks, and winning or losing one does not automatically decide the other.

The criminal penalty

Boating under the influence is a Class B misdemeanor under North Dakota law. Under the state's sentencing statute, a Class B misdemeanor carries a maximum of 30 days in jail and a fine of up to $1,500. A conviction also becomes part of your criminal record, which can matter for employment, professional licenses, and future cases.

Losing your privilege to operate a boat

Separately from the criminal charge, the Game and Fish Department can prohibit you from operating a motorboat or vessel if a test shows a BAC of .10 or higher. Under North Dakota Century Code Chapter 20.1-13.1, the prohibition periods for a failed test are:

1. 91 days for a first offense, when your record shows no prior BUI or boating prohibition within the preceding five years.

2. 364 days if you have one prior BUI or boating prohibition within the past five years.

3. Two years if you have two prior boating prohibitions within the past five years arising from at least two separate arrests.

North Dakota law adds a distinctive wrinkle for a first offense: that prohibition must be served during the boating season, between May 1 and October 1. If you cannot complete it in a single season, you serve the rest during the same window in later years.

What happens if you refuse the test

Because operating a vessel counts as implied consent, refusing a chemical test carries its own consequences. Under the boating intoxication chapter, a refusal can prohibit you from operating a motorboat or vessel for:

• One year with no qualifying prior within five years,

• Two years with one qualifying prior within five years, or

• Three years with two qualifying priors within five years from separate arrests.

Refusal is also admissible against you in court, so declining the test does not make the problem disappear. And if you operate a boat during a period when you are prohibited from doing so, that is a separate Class A misdemeanor, which is a more serious offense than the original BUI.

Penalty ranges and classifications in North Dakota can change when the Legislature amends the Century Code. The figures above reflect the statutes and official state materials current as of the last update to this article. For how the law applies to a specific arrest, speak with a North Dakota DUI defense attorney.

Can you drink alcohol on a boat in North Dakota?

Yes, adults of legal drinking age can drink on a boat in North Dakota. The law does not prohibit passengers, or even a sober operator's companions, from consuming alcohol or having open containers on board. What the law prohibits is operating the vessel while under the influence.

That distinction is the whole point. A passenger enjoying a drink is not committing a crime. The person at the controls with a .10 BAC is. Practically speaking, that means the safest approach is a designated, sober operator, the same principle that keeps people safe on the road.

It is worth noting that stricter local rules can apply in specific places. On some state sovereign lands and beaches, for example, glass containers are prohibited. Always check the posted rules for the water you are on.

How is boating under the influence enforced in North Dakota?

North Dakota takes BUI enforcement seriously, especially on busy waterways. North Dakota Game and Fish Department wardens, county sheriff's officers, and Highway Patrol troopers all have authority to stop and board vessels, and they patrol popular stretches of water throughout the summer.

The stretch of the Missouri River through the Bismarck and Mandan area sees regular summer patrols, with wardens teaming up with local law enforcement. North Dakota also participates every year in Operation Dry Water, a national enforcement and awareness campaign that specifically targets impaired boating over a summer holiday weekend.

Field sobriety, chemical tests, and serious accidents

If an officer develops probable cause that an operator is impaired, they can request field sobriety and chemical testing. If a person submits and tests at .10 or higher, the administrative prohibition process begins. If a person refuses, the refusal process begins instead.

There is one situation where refusal is taken off the table. When a vessel operator is involved in an accident that causes death or serious bodily injury and there is probable cause of a BUI, North Dakota law allows officers to compel a chemical test. Heartland Law Office regularly helps North Dakotans understand exactly what happened at the point of arrest, because the details of the stop, the testing, and the paperwork often shape the entire case.

How does a boating DUI compare to a driving DUI?

The two offenses share the same core idea but differ in the specifics. Understanding both helps put a boating DUI in perspective.

• The limit: .10 BAC on the water versus .08 on the road.

• Where the law lives: boating under the influence sits in North Dakota's game, fish, and boating title, while road DUI sits in the motor vehicle title.

• The administrative consequence: a boating case can suspend your privilege to operate a vessel, a consequence tied specifically to boating.

• The criminal exposure: a first BUI is a Class B misdemeanor, and North Dakota's road-DUI penalties follow their own separate schedule.

Because the consequences and defenses are not identical, it is a mistake to assume that what you heard about a friend's road DUI applies to a boating charge. An experienced criminal defense attorney can walk you through the differences.

Where do boating DUI cases come up in North Dakota?

Boating under the influence questions surface all over the state, from recreational lakes to the working rivers of the oil patch. In Bismarck and Mandan, the Missouri River corridor draws heavy summer traffic and steady patrols. Out west near Williston and Watford City, boaters share the water in the heart of Bakken country, where long shifts and lake weekends can collide.

Wherever the arrest happens, the administrative appeal generally goes to the North Dakota district court in the county where the events occurred, and the criminal case proceeds in the local court with jurisdiction. Heartland Law Office serves clients across North Dakota, including many of the communities we cover around the state's lakes and rivers.

What should you do if you are charged with a BUI in North Dakota?

If you are arrested for boating under the influence, treat it with the same seriousness you would a road DUI. Two clocks start running immediately: the criminal case and the tight administrative deadlines to request a hearing on your operating privilege. Missing a deadline can cost you the chance to challenge a prohibition.

The most useful step is to talk with an attorney quickly, before those deadlines pass. A lawyer can examine whether the stop was lawful, whether the officer had probable cause, whether testing was done correctly, and whether the paperwork holds up. Small procedural problems can have a real effect on the outcome.

Frequently Asked Questions:

Is boating under the influence a felony in North Dakota?

No. A first boating under the influence offense is a Class B misdemeanor under North Dakota Century Code § 20.1-13-07, not a felony. It carries up to 30 days in jail and a fine of up to $1,500. However, operating a boat while prohibited from doing so is a Class A misdemeanor, a more serious charge.

What is the BAC limit for boating in North Dakota?

The blood alcohol concentration limit for operating a vessel in North Dakota is .10. If a chemical test within two hours of operating shows .10 or higher, you are considered to have been under the influence. That is higher than the .08 limit for driving a car, but impaired boating below .10 can still lead to a charge.

Can you get a BUI on a canoe or kayak in North Dakota?

Yes. North Dakota's boating intoxication law defines a "vessel" to include canoes, kayaks, rowboats, and inflatable manually propelled boats, so paddlers are covered. The North Dakota Game and Fish Department reminds paddlers that they must follow the same laws as other boaters, which includes not paddling under the influence.

Can passengers drink alcohol on a boat in North Dakota?

Yes. North Dakota law does not prohibit people of legal drinking age from consuming alcohol or having open containers on a boat. The law prohibits operating the vessel while under the influence. The safest approach is a designated sober operator, just as you would arrange for a car.

What happens if you refuse a chemical test while boating in North Dakota?

Refusing is treated as its own violation because operating a vessel is implied consent. A refusal can bar you from operating a boat for one to three years depending on your record, and the refusal can be used against you in court. Refusing does not prevent a BUI charge or the administrative process.

Charged With Boating Under the Influence? Talk to Heartland Law Office.

Call 701-587-8423 (701-JUSTICE) now for a free, confidential Criminal case evaluation. A boating DUI arrest starts strict deadlines, and the sooner you understand your options, the more we may be able to do.

You can also request your free case evaluation online or contact our team. Worried about cost? Ask about our flexible payment plans. Heartland Law Office is a trial-focused firm defending North Dakotans against DUI, BUI, and criminal charges across the state.

About Heartland Law Office

Heartland Law Office, P.C. is a trial-focused North Dakota law firm founded in 2019 by Patrick Waters, Esq. (North Dakota Bar #08505, admitted 2016). A former public defender and prosecutor, Patrick Waters and the Heartland team represent clients across North Dakota in criminal defense, DUI and DWI defense, family law, and personal injury matters. The firm is committed to clear, honest guidance and vigorous courtroom advocacy for the people of Bismarck, Mandan, Minot, Williston, Watford City, Dickinson, Devils Lake, Jamestown, and North Dakota's reservation communities.

Disclaimer:

Attorney advertising. This article is for general informational purposes only and is not legal advice. Reading this article or contacting Heartland Law Office, P.C. does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Patrick Waters is licensed to practice law in North Dakota.