Support grows to toughen penalties in Pennsylvania for boating while under the influence

Those who are boating while under the influence of alcohol or drugs may face penalties similar to those for people who are caught driving under the influence as measures to stiffen the law are gaining support in the Pennsylvania Legislature.

The state House and a state Senate committee overwhelmingly passed a measure that looks certain for final bipartisan passage.

“Anything that improves boater safety is a good idea,” Linda Hemmes of Kittanning said.

She has been boating for about 60 years on the Allegheny River and knows about the importance of more stringent penalties for boating under the influence, especially while children are on board.

“Boating is about family,” Hemmes said. “But I’ve seen some adults drink and put the kids in the boat, and off they go.”

For some state Fish and Boat Commission officers, the proliferation of party boaters at Pittsburgh’s annual Kenny Chesney concert is a good gauge of whether people are complying — or not — with the Boating Under the Influence law.

“Concentrations of boats at regattas, concerts and those things where you have a bunch of people, sometimes they celebrate a little too much,” said Sgt. Mike Walsh, assistant regional supervisor for the Pennsylvania Fish and Boat Commission’s Southwest region office in Somerset.

While a number of experienced boaters are mindful of the law, sometimes paying for a designated driver, BUIs, like DUIs, are still a perennial problem, Walsh said.

About 21% of boating fatalities in Pennsylvania were drug- or alcohol-related, according to a 2018 U.S. Coast Guard report.

There were 45 BUI arrests in 2019 with one fatality attributed to BUI, according to Mike Parker, spokesman for the Fish and Boat Commission.

Among other provisions, the new legislation calls for counting BUI and DUI offenses together to trigger stronger penalties for multiple offenses.

Like DUI, the legal limit for a BUI is a blood alcohol concentration of .08% or higher. BUI penalties include loss of boating privileges, significant fines and imprisonment.

The new legislation increases penalties especially for boaters with minors on board, said Tabitha S. Hummer, legislative director for state Sen. Dan Laughlin of Erie, chairman of the Senate Game and Fisheries Committee.

State Sen. Jim Brewster, D-McKeesport, who is Democratic chairman of the Senate Game and Fisheries Committee, said the BUI measure targets a “small minority” of boat operators who drive under the influence with minors onboard and repeat offenders.

“Upgrading and clarifying the possible ramifications for boating under the influence and educating boaters about the costs will improve safety for all who use our waterways,” Brewster said.

The bill proposes anyone boating under the influence with a passenger under the age of 18, commits a misdemeanor of the first degree with a fine ranging from $1,500 to $10,000, or imprisonment not exceeding five years, or both.

The new BUI will not allow ARD (Accelerated Rehabilitative Disposition) as an option for penalty under BUI if:The defendant already had charges of BUI and DUI during the past 10 years, or

Had a passenger younger than 14 in the boat when BUI.

The new legislation will help better align Fish and Boat Commission code and the vehicle code for enforcement and prosecution, said Mike Nerozzi, director of policy and planning for the Pennsylvania Fish and Boat Commission.

The legislation will close a loophole that currently allows those with a DUI who were eligible for ARD (Accelerated Rehabilitative Disposition) to be eligible again for ARD if charged with a DUI, he said.

The new legislation restricts an individual’s eligibility for the ARD program if they were previously convicted of a BUI or DUI, Nerozzi said.

A second offense for DUI carries higher fines and jail time.

The legislation extends the window of ineligibility for ARD from seven to 10 years from the date of the prior offense and removes eligibility for ARD if the defendant was operating a watercraft with a passenger under the age of 14.

Additionally, the legislation creates new penalties for those found guilty of a BUI offense with a minor on board.

Currently, BUI offense carries a minimum fine of $1,000 and 100 hours of community service; the second offense, a minimum fine of $2,500 and one to six months in jail; and third and subsequent offenses, six to 24 months in jail, Nerozzi said.