Summer in Minnesota is prime time for boating, but before you hop on a lake with a cold drink in hand, it’s important to understand the law. Yes, you can be charged with a DWI while operating a boat. In fact, Minnesota has specific laws for this situation known as Boating While Intoxicated (BWI), and they carry serious consequences.
What Is BWI in Minnesota?
In Minnesota, it’s illegal to operate or be in “physical control” of a motorized boat while:
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Under the influence of alcohol or drugs to the point where you can’t operate it safely
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Having a blood alcohol concentration (BAC) of 0.08% or higher
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Affected by a controlled substance or intoxicating compound
“Physical control” doesn’t mean you have to be actively steering the boat, it can simply mean you’re sitting at the helm with the ability to operate it. Even if the boat isn’t moving, you can still be charged.
What About Open Containers?
Unlike cars, boats in Minnesota can legally have open containers of alcohol on board. Passengers (even the operator) are allowed to drink alcohol while boating, but the operator must stay under the legal BAC limit of 0.08%.
That said, consuming alcohol on the water often leads to increased scrutiny from law enforcement. If an officer has reason to believe you’re impaired, they can conduct sobriety checks.
Penalties for Boating While Intoxicated
BWI offenses in Minnesota are categorized into degrees, similar to DWIs on land. Here’s how they break down:
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Fourth-Degree BWI: Misdemeanor. Up to 90 days in jail and/or a $1,000 fine
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Third-Degree BWI: Gross misdemeanor. Up to 1 year in jail and/or a $3,000 fine
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Second-Degree BWI: Gross misdemeanor with aggravating factors (like prior offenses)
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First-Degree BWI: Felony. Up to 7 years in prison and/or a $14,000 fine
Aggravating factors can include:
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A prior DWI or BWI in the last 10 years
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A BAC of 0.16% or higher
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Refusing to take a chemical test
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Having a passenger under 16 years old on board
Other Consequences
Beyond fines and jail time, a BWI conviction can bring additional penalties:
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Loss of boating privileges for at least 90 days during the boating season (May 1–October 31)
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Driver’s license suspension or revocation—especially if you’ve had prior DWIs
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Boat forfeiture in certain repeat offense situations
How to Defend Against a BWI
If you’re facing BWI charges, it’s important to consult a criminal defense attorney right away. A good lawyer can:
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Challenge whether the stop or arrest was lawful
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Question the accuracy of the breath or blood tests
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Fight for reduced penalties or dismissal of the charges
Final Thoughts
Minnesota takes BWI seriously, and the consequences can affect far more than just your ability to drive a boat. If you plan to enjoy the water this season, do it safely and legally. Appoint a sober operator and avoid turning a fun day on the lake into a legal nightmare.