Is it Illegal to Drink and Drive a Boat in Wisconsin? (2025)

Short answer: Yes. Operating a motorized boat while under the influence of alcohol or drugs is illegal in Wisconsin. If your blood alcohol concentration (BAC) is 0.08% or higher, you can be charged with boating under the influence (BUI)—sometimes referred to as boating OWI.

It’s important to note that having alcohol on a boat is not illegal. Open containers are allowed, and simply possessing or consuming alcohol aboard a boat doesn’t automatically give law enforcement the right to stop you. However, operating the boat while impaired is a different matter entirely.

Have you or a loved one been arrested for BUI or OWI in Wisconsin? Attorney Pat Stangl has been defending Wisconsin residents against BUI, OWI, and other criminal charges since 1991. With over 30 years of experience, he understands how to challenge unreliable tests, scrutinize arrest procedures, and fight for your rights in court.

What About Canoes, Kayaks, and Paddleboards?

Wisconsin’s BUI laws apply only to motorized watercraft. That means non-motorized boats like kayaks, canoes, and paddleboards are not subject to the same intoxication rules under Chapter 30 of the Wisconsin Statutes.

That said, public intoxication or causing harm while under the influence on any type of craft can still lead to citations or charges under other laws.

Read Also: Boating Under the Influence in Wisconsin: What You Need to Know

How BUI Relates to OWI or DUI in Wisconsin

Many people are surprised to learn that BUI penalties mirror those for drunk driving on land. Here's how they relate—and differ:

Under Wisconsin's implied consent law, anyone operating a motorized boat is deemed to have given consent to chemical testing if suspected of intoxication. Refusing a breath or chemical test can carry penalties equal to or greater than those for a first-time BUI, including fines and mandatory assessments.

Just like on land, boaters can’t have a blood alcohol content (BAC) of .08 or above. Anyone found breaking this law can face fines, have their boat impounded, or even face jail time. The one exception to this rule applies to commercial motorboats. Commercial boat operators face stricter restrictions and must maintain a BAC below .04 percent.

Although it happens far less on water than it does on land, boaters are subject to the same kind of alcohol and drug testing by authorities. Simply by operating a boat or other kind of watercraft, you’ve legally given consent to this testing.

Penalties for Boating Under the Influence

According to Wisconsin Statutes §30.681 and §30.80(6)(a):

• First Offense: Fine of $150–$300. This may also include an Alcohol and Other Drug Assessment and completion of a boating safety course.

• Second Offense (within 5 years): Fine of $300–$1,000 and up to 6 months in jail.

• Third Offense: Fine of $600–$2,000 and up to 1 year in jail.

For commercial operators, the legal BAC limit is stricter at 0.04%, with license revocations ranging from:

• 6 to 9 months (first offense)

• 12 to 18 months (second offense)

• 24 to 36 months (third offense)

Note: Unlike OWI convictions, BUI offenses do not affect your land-based driver’s license.

FAQs About BUI in Wisconsin

What is the legal BAC limit for boating in Wisconsin?
0.08% for recreational boaters; 0.04% for commercial boaters.

Can I have open containers on my boat?
Yes. It’s not illegal to have or consume alcohol on your boat. But operating while impaired can result in serious charges.

Do BUI offenses go on your record?
Yes. A BUI charge can remain on your record for life—even if you don’t serve jail time.

Can minors be charged with BUI?
Yes. Even though underage drinking may be allowed with parental supervision in Wisconsin, anyone operating a boat with a BAC above the legal limit can face BUI charges.

What happens if I refuse a breath test while boating?
Refusal can result in penalties including fines, mandatory AODA assessment, and required completion of a boating safety course.

Are field sobriety tests on water reliable?
Not always. Sobriety tests on a moving boat often involve non-standardized methods (like the Horizontal Gaze Nystagmus or seated coordination tests), which may be challenged in court due to instability caused by waves and movement.

Where are boating OWIs common in Wisconsin?
Busy recreational spots like Okauchee Lake, Pewaukee Lake, Lac La Belle, Whitewater Lake, Lake Beulah, Nagawicka Lake, Lake Michigan, and the Milwaukee River are often patrolled for BUI offenses.

What to Do If You’re Facing BUI Charges in Wisconsin

Don’t assume boating charges are less serious than driving charges. Law enforcement agencies—including DNR wardens and local marine patrols—are trained to detect signs of boating impairment and often make BUI arrests during high-traffic weekends and summer holidays.

If you’ve been charged:

• Do not admit guilt or explain your actions to law enforcement without counsel.

• Note any external factors (weather, waves, boat motion) that could affect balance or coordination.

• Request a consultation with a skilled OWI/BUI attorney immediately.

A knowledgeable defense attorney can review the evidence, challenge improper procedures, and help build a strong case—especially if sobriety testing conditions were flawed or if the stop itself was unjustified.

Working across the state, Wisconsin Defense Attorney Pat Stangl has been defending clients charged with intoxicated boating, drunk driving, drug charges, battery, and all types of criminal offenses for over 30 years. He understands how to challenge unreliable tests, scrutinize arrest procedures, and fight for your rights in court.

If you'd like to learn more about Attorney Stangl, review his record of success.

FREE 10-Minute Consultation

If you've been charged with boating under the influence, drunk driving or another alcohol-related crime in Wisconsin, Attorney Pat Stangl is happy to extend to you at no obligation a FREE 10-minute consultation to discuss your case and explore options for your defense. Simply click below to request your free consultation.