Memorial Day usually marks the start of the boating season in Fort Collins and Larimer County. If you are someone who owns a boat, or enjoys boating, it’s important to know what laws are in place related to boating. Let’s look at some common offenses related to boating.
Careless Driving of a Boat in Larimer County: What is Careless Operation of a Vessel in Colorado?
The Larimer County, Colorado law definition of Careless Operation of a Vessel – C.R.S. 33-13-108 (2)(a) – is:
(I) Becoming airborne or completely leaving the water while crossing the wake of another vessel at an unsafe distance from the vessel creating the wake or when visibility around such vessel is obstructed;
(II) Unsafely weaving through vessel traffic;
(III) Operating at such a speed and proximity to another vessel so as to require the operator of either vessel to abruptly swerve or to abruptly cut speed in order to avoid collision.
If charged with this offense, it is a petty offense that is punishable by a two hundred dollar fine.
Loveland Reckless Driving of a Boat: Definition of Reckless Operation of a Vessel
In Loveland and Estes Park, Reckless Operation of a Vessel – C.R.S. 33-13-108 (3) – is defined as:
Under Colorado law, ‘reckless’ means:
Boating Under the Influence (BUI) in Fort Collins: Definition of Operating a Vessel While Under the Influence
The Colorado law definition of Operating a Vessel While Under the Influence – C.R.S. 33-13-108.1 – is:
(I) Under the influence of alcohol;
(II) The amount of alcohol, as shown by analysis of the person’s blood or breath, in the person’s blood is 0.08 or more grams of alcohol per one hundred milliliters of blood or 0.08 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a vessel, if the evidence establishes beyond a reasonable doubt that the person did not consume any alcohol between the time of operation and the time of testing;
(III) Under the influence of any controlled substance as defined in section 18-18-102(5), C.R.S., or any other drug that renders the person incapable of safely operating a vessel;
(IV) Under the influence of any combination of alcohol and any controlled substance as defined in section 18-18-102(5), C.R.S., or any other drug, when the combination of alcohol and controlled substance or any other drug renders the person incapable of safely operating a vessel.
For a first offense, a BUI is punishable by 5 days to 1 year in the Larimer County Jail, $600 to $1,000 in fines, and 48 to 96 hours of community service. You will also be prohibited from operating a boat for 3 months. For a second or subsequent offense, Operating a Boat Under the Influence is punishable by 60 days to 1 year in the Larimer County Jail, $600 to $1,000 in fines, and 48 to 120 hours of useful public service with a one year prohibition from operating a vessel.
Interestingly, there is a law where allowing someone to operate a boat while under the influence can result in a criminal charge. Allowing Another to Operate a Vessel While Under the Influence – C.R.S. 33-13-108.1 (13) – is defined as:
A violation of this is a class 2 misdemeanor charge.
Operating a Vessel While the Privilege to Operate is Suspended: Driving a Boat without a License in Larimer County
The Larimer County, Colorado law definition of Operating a Vessel While the Privilege to Operate is Suspended – C.R.S. 33-13-108.2 – is:
So, if you had been convicted of BUI and then caught driving a boat only a few weeks later, you would be facing this charge.
Hit and Run with Boat Accidents: Duty to Report Boating Collisions, Accidents and Casualties
The Colorado law definition of Boat Accident Reporting: Collisions, Accidents, and Casualties – C.R.S. 33-13-109 – is:
(3) The owner or operator of a vessel involved in a collision, accident, or other casualty shall report the collision, accident, or casualty as provided in the rules of the commission.
(6) Any person who violates subsection (1) or (3) of this section commits a petty offense and, upon conviction, shall be punished by a fine of seventy-five dollars.
If you or someone you love has been charged with a boating offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Lukas