Utah’s boating drunk driving laws are found within the usual automobile DUI statute of Utah Code Ann. 41-6a-502 and 503. The key is that Utah defines a “VEHICLE” for purposes of its automobile DUI laws to encompass motorboats. All the usual field sobriety tests apply, along with the Intoxilyzer and implied consent laws.
See these articles on Utah’s field sobriety testing.
Utah’s DUI statute defines “VEHICLE” for purposes of Utah’s DUI laws as:
(i) “Vehicle” or “motor vehicle” means a vehicle or motor vehicle as defined in Section 41-6a-102; and
(ii) “Vehicle” or “motor vehicle” includes: [CARS. TRUCKS]
(A) an off-highway vehicle as defined under Section 41-22-2; and [ATVS SIDE-BY-SIDES, MOST RECREATIONAL VEHICLES]
(B) a motorboat as defined in Section 73-18-2. [BOATS]
Utah Code Ann 73-18-2(11) (2021) defines “Motorboat” to mean: “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.
This this deeper article on boating BUIs.
Open containers in boats? Exception to the Rule. We all know you can’t have an open container of alcohol in a motor vehicle. In boats the passengers can drink, just not the driver. See Utah Code Ann. Open Contain Exception to Boating Passengers. Utah Code Ann. 41-6a-526.
Utah boating license. Nearly all motorboats must be registered with decals displayed on the side of the boats.
Required boating equipment. Various forms of life jackets and safety equipment are mandatory on most boats on Utah waterways. It is an Infraction to not have them.
Boating registration and insurance. Utah Code Ann. 73-18c-302 states it is a Class C Misdemeanor to not have insurance on your boat while operating on Utah waterways.
“(1) Any owner of a motorboat on which owner’s or operator’s security is required under Section 73-18c-301, who operates the motorboat or permits it to be operated on waters of the state without owner’s security being in effect is guilty of a class C misdemeanor.”
Utah law doesn’t allow you to register your boat without affirming that you have insurance. See Utah Code Ann. 73-18c-302. Providing false marine boat insurance information to a police office is a Class A Misdemeanor. You can also have your boat registration revoked if you are found without insurance.
Here are some common Utah Boating Laws:73-18-7.1. Fraudulent application for registration or certificate of title.
A person is guilty of a third degree felony if he:
(1) fraudulently uses a false or fictitious name in any application for a registration or certificate of title for a motorboat, sailboat, or outboard motor; or
(2) in making an application specified in Subsection (1), he:
(a) knowingly makes a false statement;
(b) knowingly conceals a material fact; or
(c) otherwise commits a fraud.
73-18-7.2. Falsified or misused registration or certificate of title.
(1) It is a third degree felony for a person to:
(a) alter with fraudulent intent a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title issued by the division or the division’s authorized agent;
(b) forge or counterfeit a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title purporting to have been issued by the division or the division’s authorized agent;
(c) alter, falsify, or forge an assignment upon a motorboat, sailboat, or outboard motor certificate of title; or
(d) hold or use a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title knowing it has been altered, forged, or falsified.
(2) It is a class C misdemeanor for a person to use or permit the use or display of a registration decal or registration card on a motorboat or sailboat or in the operation of a motorboat or sailboat other than the motorboat or sailboat for which the registration decal or registration card is issued.
Effective 7/1/2021
73-18-8. Safety equipment required to be on board vessels — Penalties.
(1)
(a) Except as provided in Subsection (1)(c), each vessel shall have, for each person on board, one wearable personal flotation device that is approved for the type of use by the commandant of the United States Coast Guard.
(b) Each personal flotation device shall be:
(i) in serviceable condition;
(ii) legally marked with the United States Coast Guard approval number; and
(iii) of an appropriate size for the person for whom it is intended.
(c)
(i) Sailboards and racing shells are exempt from the provisions of Subsections (1)(a) and (e).
(ii) The division, after consultation with the commission, may exempt certain types of vessels from the provisions of Subsection (1)(a) under certain conditions or upon certain waters.
(d) The division may require by rule, after consultation with the commission, for personal flotation devices to be worn:
(i) while a person is on board a certain type of vessel;
(ii) by a person under a certain age; or
(iii) on certain waters of the state.
(e) For vessels 16 feet or more in length, there shall also be on board one throwable personal flotation device which is approved for this use by the commandant of the United States Coast Guard.
(2) The operator of a vessel operated between sunset and sunrise shall display lighted navigation lights approved by the division.
(3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in any enclosure for any purpose, the vessel shall be equipped with an efficient natural or mechanical ventilation system that is capable of removing resulting gases before and during the time the vessel is occupied by any person.
(4) Each vessel shall have fire extinguishing equipment on board.
(5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame control device.
(6) The division may:
(a) require additional safety equipment by rule made in consultation with the commission; and
(b) adopt rules conforming with the requirements of this section which govern specifications for and the use of safety equipment.
(7) A person may not operate or give permission for the operation of a vessel that is not equipped as required by this section or rules promulgated under this section.
(8) A violation of this section is an infraction.
Amended by Chapter 280, 2021 General Session
73-18-12. Operation in willful or wanton disregard for safety — Penalty.
(1) A person may not operate any nonmotorized vessel, or manipulate any water skis or any device towed by a motorboat in a willful or wanton disregard for the safety of persons or property.
(2) A violation of Subsection (1) is a class B misdemeanor.
This looks like the boating equivalent of Reckless Driving, but on the water. See this article on Reckless Driving.
Effective 7/1/2021
73-18-13. Duties of operator involved in accident — Notification and reporting procedures — Use of accident reports — Giving false information as misdemeanor.
(1) As used in this section, “agent” has the same meaning as provided in Section 41-6a-404.
(2)
(a) It is the duty of the operator of a vessel involved in an accident, if the operator can do so without seriously endangering the operator’s own vessel, crew, or passengers, to render aid to those affected by the accident as may be practicable.
(b) The operator shall also give the operator’s name, address, and identification of the operator’s vessel in writing to:
(i) any person injured; or
(ii) the owner of any property damaged in the accident.
(c) A violation of this Subsection (2) is a class B misdemeanor.
(3)
(a) The division, after consultation with the commission, shall adopt rules governing the notification and reporting procedure for vessels involved in accidents.
(b) The rules shall be consistent with federal requirements.
(4)
(a) Except as provided in Subsection (4)(b), all accident reports:
(i) are protected and shall be for the confidential use of the division or other state, local, or federal agencies having use for the records for official governmental statistical, investigative, and accident prevention purposes; and
(ii) may be disclosed only in a statistical form that protects the privacy of any person involved in the accident.
(b) The division shall disclose a written accident report and its accompanying data to:
(i) a person involved in the accident, excluding a witness to the accident;
(ii) a person suffering loss or injury in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i) and (ii);
(iv) a member of the press or broadcast news media;
(v) a state, local, or federal agency that uses the records for official governmental, investigative, or accident prevention purposes;
(vi) law enforcement personnel when acting in their official governmental capacity; and
(vii) a licensed private investigator.
(c) Information provided to a member of the press or broadcast news media under Subsection (4)(b)(iv) may only include:
(i) the name, age, sex, and city of residence of each person involved in the accident;
(ii) the make and model year of each vehicle involved in the accident;
(iii) whether or not each person involved in the accident was covered by a vehicle insurance policy;
(iv) the location of the accident; and
(v) a description of the accident that excludes personal identifying information not listed in Subsection (4)(c)(i).
(5)
(a) Except as provided in Subsection (5)(c), an accident report may not be used as evidence in any civil or criminal trial, arising out of an accident.
(b) Upon demand of any person who has, or claims to have, made the report, or upon demand of any court, the division shall furnish a certificate showing that a specified accident report has or has not been made to the division solely to prove a compliance or a failure to comply with the requirement that a report be made to the division.
(c) Accident reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6).
(6) Any person who gives false information, knowingly or having reason to believe it is false, in an oral or written report as required in this chapter, is guilty of a class B misdemeanor.
Amended by Chapter 280, 2021 General Session
73-18-13.1. Accident involving property damage — Duties of operator, occupant, and owner — Penalties.
(1) As used in this section, “reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.
(2)
(a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting only in damage to another vessel or other property shall remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13.
(b) If the operator has reason to believe that the operator may have been involved in an accident resulting in damage to another vessel or other property only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13.
(3) A person who violates the provisions of this section is guilty of a class B misdemeanor.
Enacted by Chapter 153, 2012 General Session
73-18-13.2. Accident involving injury — Stop at accident — Penalty.
(1) As used in this section:
(a) “Reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.
(b) “Serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(2)
(a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in injury to a person shall:
(i) immediately stop the vessel at the scene of the accident or as close to it as safely possible; and
(ii) remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13.
(b) If the operator of a vessel has reason to believe the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13.
(3)
(a) Except as provided in Subsection (3)(b), a person who violates the provisions of Subsection (2):
(i) is guilty of a class A misdemeanor if the accident resulted in injury to any person; and
(ii) shall be fined not less than $750.
(b) A person who violates the provisions of Subsection (2):
(i) is guilty of a third degree felony if the accident resulted in serious bodily injury to a person; and
(ii) shall be fined not less than $750.
Enacted by Chapter 153, 2012 General Session
73-18-13.3. Accident involving death — Stop at accident — Penalty.
(1) As used in this section, “reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.
(2)
(a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in the death of a person shall:
(i) immediately stop the vessel at the scene of the accident or as close to it as safely possible; and
(ii) remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13.
(b) If the operator of a vessel has reason to believe the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13.
(3) A person who violates the provisions of Subsection (2) is guilty of a third degree felony and shall be fined not less than $750.
Enacted by Chapter 153, 2012 General Session
Effective 7/1/2021
73-18-20. Enforcement of chapter — Authority to stop and board vessels — Disregarding law enforcement signal to stop as misdemeanor — Procedure for arrest.
(1) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter, the rules made under this chapter, and the maintenance inspection program for vessels carrying passengers for hire implemented under this chapter.
(2) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, has the authority to stop and board a vessel subject to this chapter, whether the vessel is on water or land. If that law enforcement officer determines the vessel is overloaded, unseaworthy, or the safety equipment required by this chapter or rules of the division is not on the vessel, that law enforcement officer may prohibit the launching of the vessel or stop the vessel from operating.
(3) An operator who, having received a visual or audible signal from a law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to bring the operator’s vessel to a stop, operates the vessel in willful or wanton disregard of the signal so as to interfere with or endanger the operation of a vessel or endanger an individual, or who attempts to flee or elude the law enforcement officer whether by vessel or otherwise is guilty of a class A misdemeanor.
(4) Whenever an individual is arrested for a violation of this chapter or a rule made under this chapter, the procedure for arrest is the same as described in Sections 77-7-23 and 77-7-24.
Amended by Chapter 280, 2021 General Session
73-18-20.7. Unlawful control over vessels — Penalties — Effect of prior consent — Accessory or accomplice.
(1) Any person who exercises unauthorized control over a vessel, not his own, without the consent of the owner or lawful custodian and with intent to temporarily deprive the owner or lawful custodian of possession of the vessel, is guilty of a class A misdemeanor.
(2) An offense under this section is a third degree felony if the actor does not return the vessel to the owner or lawful custodian within 24 hours after the exercise of unauthorized control.
(3) The consent of the owner or legal custodian of a vessel to its control by the actor is not in any case presumed or implied because of the owner’s or legal custodian’s consent on a previous occasion to the control of the vessel by the same or a different person.
(4) Any person who assists in, or is a party or accessory to or an accomplice in, an unauthorized taking or operating of a vessel is guilty of a class A misdemeanor.
Enacted by Chapter 216, 1990 General Session
Effective 5/12/2015
73-18-21. Violation of chapter as class C misdemeanor.
Unless otherwise specified, any person who violates any provision of this chapter or rule promulgated under this chapter is guilty of a class C misdemeanor.
Our Utah Boating DUI attorneys can help you with boating DUIs in the following Utah lakes or reservoirs:
Anderson Meadow Reservoir, Bear Lake, Blue Lake, Boulder Mountain Lakes, Causey Reservoir, Cleveland Reservoir, Cottonwood Reservoir, Currant Creek Reservoir, Cutler Reservoir, Deer Creek Reservoir, Duck Fork Reservoir, East Canyon Reservoir, Echo Reservoir, Electric Lake, Ferron Reservoir, , Fish Lake, Flaming Gorge Reservoir, Gooseberry Reservoir, Grantsville Reservoir, Gunlock Reservoir, Gunnison Reservoir, Gunnison Bend Reservoir, High Uinta Lakes, Holmes Creek Reservoir, Huntington Reservoir (State Park), Hyrum Reservoir, Jordanelle Reservoir, Kolob Reservoir, Koosharem Reservoir, Lake Powell, Little Dell Reservoir, Lost Creek Reservoir, Mantua Reservoir, Maple Lake, Mill Hollow Reservoir, Mill Meadow Reservoir, Miller Flat Reservoir, Millsite Reservoir, Minersville Reservoir, Newcastle Reservoir, Navajo Reservoir, Newton Reservoir, Nine Mile Reservoir, Otter Creek Reservoir, Palisade Reservoir, Panguitch Reservoir, Payson Lakes, Pelican Lake, Pineview Reservoir, Piute Reservoir, Quail Creek Reservoir, Red Fleet Reservoir, Red Lake Rockport Reservoir, Sand Hollow Reservoir, Sandwash & Bottle Hollow Reservoirs, Scofield Reservoir, Silver Lake, Smith & Morehouse Reservoir, Starvation Reservoir, Steinaker Reservoir, Strawberry Reservoir, Utah Lake, Valley Reservoir, Vernon Reservoir, Willard Bay Reservoir and Yuba Reservoir.
