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The criminal penalties are the same as in normal Operating While Intoxicated cases with the exception that the mandatory minimum fines are different. Deferred Judgment eligibility is identical to OWI’s.
Note: Prior Offenses (Convictions Or Deferred Judgments) For Boating While Intoxicated Within The Past 12 Years Will Be Used For Enhancement Purposes. However, Prior Operating While Intoxicated While In A Motor Vehicle Convictions Do Not Count As Prior Convictions Under This Section For Enhancement Purposes.
THE DEPARTMENT OF TRANSPORTATION MAY NOT SUSPEND A PERSON’S MOTOR VEHICLE DRIVING PRIVILEGES FOR A VIOLATION OF BOATING WHILE INTOXICATED LAWS.
If convicted, the sentencing court imposes a restriction on the individual’s ability to operate a motorboat or sailboat in the State of Iowa for the applicable period of time.
If an individual arrested or suspected of Boating While Intoxicated refuses to submit to a chemical no test may be compelled. However, the court (not the Department of Transportation) is required to order that the person not operate a motorboat or sailboat for one year. In addition, mandatory “civil penalties” are also required.
These penalties are in addition to those provided for if the person is convicted of the criminal offense.
WARNING: There is a substantial likelihood that these provisions may violate the United States Constitution and Iowa State Constitutional prohibitions against Double Jeopardy! Punishing an individual’s exercise of a constitutional right to refuse testing when no licensing is required to drive a boat or operate a sailboat may also violate the 4th Amendment to the United States Constitution and Article 1 Section 8 of the Iowa Constitution.
Local: 515-226-0500Toll Free: 1-877-GRL-LAWS
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Gourley, Rehkemper & Lindholm, PLC
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Des Moines, Iowa: 515-226-0500
Nationwide Toll Free: 1-877-475-5297
MASON CITY LOCATION
520 South Pierce Avenue, Suite 209
Mason City, Iowa 50401