May 13, 2008

Boating While Intoxicated- Mississippi Law

Kevin Frye posted has followed up on the NFL's Cedric Benson's arrest for Boating While Intoxicated (BWI) in Austin, Texas.  He provides the following info for Mississippi boaters:

For interested in-state boaters, I thought I'd post some information about Mississippi's Alcohol Boating Safety Act.  You can see some text of the Act below - the first thing to jump out at me is the threshold BAC of .10% which is higher than the .08% threshold for a DUI.  Also noteworthy, but not reproduced here, is the fact that a BWI conviction results in significantly lower penalties than those resulting from a DUI conviction.  The Act states the following:

(1) It is unlawful for any person to operate a watercraft on the public waters of this state who:

      (a) Is under the influence of intoxicating liquor;

      (b) Is under the influence of any other substance which has impaired such person's ability to operate a watercraft; or

      (c) Has ten one-hundredths percent (.10%) or more by weight volume of alcohol in the person's blood based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter.

Mississippi Code Annotated, Section 59-23-7(1). Read more . . .

 

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