With over 10,000 lakes, Minnesota is a boater’s paradise during the summer months. But before you head out on the water, it’s important to understand the legal risks of boating under the influence. Just like driving a car, operating a boat while intoxicated (BWI) is illegal in Minnesota and can carry serious legal consequences. AAA Bail Bonds has the BWI information you’ll need before heading out on the water this season.
What Is BWI?
Under Minnesota law, it’s illegal to operate any motor vehicle, including a boat, with a Blood Alcohol Content (BAC) of 0.08% or higher, or while under the influence of drugs. Getting caught boating while impaired can result in criminal charges similar to Driving While Intoxicated (DWI) offenses.
Minnesota recognizes four degrees of BWI charges, ranging from misdemeanors to felonies. Conviction can lead to jail time, hefty fines, and boating license suspension for a minimum of 90 days, and up to two years, even on a first offense.
BWI Charges and Penalties in Minnesota
Here’s a breakdown of the different BWI offense levels and what penalties you might face:
First-Degree BWI (Felony)
- Up to 3+ years in prison
- Fines up to $14,000
- Charged if the offender has:
- Three or more prior DWIs or BWIs within 20 years (lookback period went from 10 years to 20 years in 2025)
- A prior felony DWI or BWI
Second-Degree BWI (Gross Misdemeanor)
- Minimum 90 days in jail
- Fines up to $3,000
- Applied when:
- Two or more prior DWIs/BWIs in the past decade
- The driver refuses chemical testing
Third-Degree BWI (Gross Misdemeanor)
- Up to $3,000 in fines
- Potential jail time and/or community service
- Typically charged if the offender has one prior alcohol-related offense in the last 20 years
Fourth-Degree BWI (Misdemeanor)
- Up to 90 days in jail
- Fines up to $1,000
- First-time offense without aggravating factors
Little Alan’s Law
Little Alan’s Law broadens the impact and consequences of a DWI to include operating recreational vehicles like snowmobiles, ATVs, and boats. If you lose your license from a DWI or BWI, the suspension of privileges will follow all forms of motor vehicle and recreational vehicle operation.
Stay Safe and Sober on the Water
If you’re planning to enjoy Minnesota’s lakes this summer:
- Always designate a sober boat operator
- Stay hydrated with plenty of water
- Avoid excessive alcohol consumption
Boating is meant to be fun, but a BWI can turn a relaxing day on the water into a legal nightmare. For more boating safety tips, the Minnesota Department of Natural Resources has put together a fantastic boating guide to keep you safe on the lakes this summer.
Need Help Posting Bail After a BWI Arrest?
If you or someone you care about has been arrested for Boating While Intoxicated, AAA Bail Bonds is here to help, 7 days a week (including Holidays). Our experienced bail agents will guide you through the process and get your loved one out of jail quickly. Contact AAA Bail Bonds today at 612-900-3400 for fast, professional bail services anywhere in Minnesota. Don’t let a BWI ruin your summer – we’re here to help!