Just about everyone nowadays recognizes that there are dangers associated with operating a motorized vehicle while under the influence of drugs or alcohol. This is not to imply that people don’t do it; however, it is widely recognized as a danger to all involved.
Driving under the influence or driving while intoxicated usually stirs up images of a few bad decisions at the bar. However, there are plenty of recorded fatalities in this country that don’t involve alcohol at all; rather, narcotics are the culprit. With the country loosening its stance on the former prohibitions against marijuana, some have argued that there will be an increase in DUIs and DWIs for those who choose to drive while high. And of course, the concern isn’t limited to driving on the roadways under the influence; in fact, boating under the influence is commonplace as well, and is prohibited.
The following includes some important information regarding boating and marijuana.
Under federal law, if you’re operating a recreational boat—like a fishing boat, pontoon, or personal watercraft—and you’re caught boating under the influence (BUI), you could be on the hook for a fine of up to $5,000. If the boat isn’t recreational—for example, if it’s a commercial vessel like a charter boat or work barge—that fine can jump to $25,000. These violations are considered Class A misdemeanors, which are serious but not felonies under federal law. So, while you might not end up with a felony on your record, you’re still facing stiff penalties and possible jail time.
Another important piece of the puzzle is jurisdiction. Unless you’re operating a vessel owned and operated by a state government, the federal government has the authority to prosecute. That means it doesn’t really matter where you’re boating—whether it’s a big river, a small lake, or even a privately owned waterway—federal BUI laws still apply. The Coast Guard and federal authorities can bring charges if they believe you’ve been drinking and boating irresponsibly.
But what makes it a federal crime? Generally, federal waters include navigable waterways—rivers, lakes, or coastal areas that can be used for interstate or international travel. Think of the Mississippi River, Lake Superior, St. Crioux, or any body of water that connects to another state or country. If you’re boating on one of these, you’re likely in federal territory. That said, federal jurisdiction doesn’t just stop there. Under federal law, if your behavior on the water poses a threat to public safety, or if you’re on a vessel that’s not state-owned, federal authorities can get involved—regardless of whether the state technically manages the lake or river. The key factor is usually the type of vessel you’re operating and the nature of the waterway. So while state laws often apply, federal law can kick in right alongside them—or even override them—if the circumstances fit.
Under Minnesota law, operating a boat under the influence of marijuana is a crime. Because marijuana is considered a “controlled substance” by the state of Minnesota, it is not legal to be under the influence while driving, even if you are driving a boat. You can be prosecuted under Minnesota law if you are operating a boat under the influence of marijuana and you are on a Minnesota waterway. The penalties can be just as harsh as a DWI or DUI.
It is also important to remember that Minnesota has an implied consent law. Thus, if you are operating any motorized vehicle, you have already agreed to take a chemical test upon apprehension by a law enforcement officer. Failing to do so may result in license suspension and other serious penalties.
But it can be worse than just a few dollars in a fine and a night or two in jail! If you’re not careful, especially when it comes to drinking and boating, your fun day on the water could end with your boat being forfeited to the state. Yes, in some cases, you can actually lose your boat. Here’s how that happens, what qualifies, and what it means if you still owe money on it.
In Minnesota, boating while intoxicated (BWI) is taken seriously. Under state law, your boat can be seized and forfeited if you’re caught operating it under the influence and you have prior BWI or DWI offenses. Specifically, if this is your second impaired boating offense within ten years, or if you’re involved in an incident that results in serious injury or death, forfeiture becomes a real possibility.
It doesn’t even have to be a boat in the traditional sense. Forfeiture laws apply to any motorized watercraft—including jet skis, pontoons, fishing boats, and even larger cabin cruisers. Non-motorized canoes and kayaks are typically not subject to forfeiture, but if a motor is involved, the state can seize it.
If you’re arrested for a qualifying BWI, law enforcement can seize your boat at the time of the arrest. This is known as a “preliminary seizure.” Once the case proceeds, the state will initiate a civil forfeiture process, which is separate from any criminal charges you’re facing. This means even if you’re not ultimately convicted, you could still lose your boat if you don’t contest the forfeiture in time.
You’ll typically receive a Notice of Seizure and Intent to Forfeit, and you’ll have 60 days to file a challenge. If you do nothing, the state gets to keep the boat. If you challenge it, the case goes to civil court where the state must prove that the boat was used in the commission of the crime or meets the forfeiture criteria.
This part can get tricky. If you financed the boat and still owe money on it, the lender—usually a bank or credit union—still has a secured interest in the property. Minnesota law gives the lender a chance to intervene and claim their interest, which can result in one of a few things:
The state sells the boat and pays off the lender first before keeping any leftover proceeds.
If there’s no value left after paying the lender, the state essentially gets nothing, but you still lose the boat.
In short, owing money doesn’t protect your boat from being forfeited, but it does mean the lender gets first dibs on whatever value remains.
Boat forfeiture is one of those consequences that catches people off guard. It’s expensive, inconvenient, and entirely avoidable. If you’re going to enjoy a few beers on the water, make sure someone sober is behind the wheel, or if it’s too late for that, call a good DWI lawyer immediately!
In Minnesota, being “under the influence” of any controlled substance – marijuana included – could lead to your arrest, forfeiture fines, and criminal charges. If you have been charged with boating while intoxicated or boating under the influence, you need a strong criminal defense attorney to defend you. Contact Kohlmeyer Hagen Law Offices today for a consultation.
