A summer afternoon on Coralville Lake or the Iowa River can turn into a serious legal situation faster than most people expect. If you have been charged with boating while intoxicated (BWI), you are facing a criminal charge with real consequences. Jail time, fines, and the loss of your boating privileges are all possible outcomes.
At Fitzgerald, Klesner, & Pavelich, PLC, we have been serving clients in Iowa City, Johnson County, and surrounding communities for more than 50 years. Our law firm understands how disorienting it can feel to face
a criminal charge like BWI. We provide clear, personalized criminal defense representation so you understand your options and can make informed decisions about your case.
Whether you were stopped on Coralville Reservoir, the Iowa River, or Lake MacBride State Park near Solon, our attorneys are ready to review your situation and discuss what a defense may look like.
What Is at Stake After a BWI Charge in Iowa?
Many people are surprised to learn how seriously Iowa treats boating under the influence. Some assume that because boating is a recreational activity, the penalties must be lighter than those for an OWI (operating while intoxicated) on the road. That assumption can lead to costly mistakes.
A BWI conviction in Iowa can result in:
- Jail time. A first offense carries a minimum of 48 hours in jail, with a maximum of up to one year.
- Fines. A first offense can result in a fine of up to $1,000, though part of that fine may be reduced by the court in certain circumstances.
- Loss of boating privileges. A first conviction can result in a one-year ban on operating a motorboat or sailboat in Iowa.
- Substance abuse evaluation and treatment. Iowa law requires convicted individuals to complete a substance abuse evaluation and any recommended treatment program.
- Completion of a drinking driver course. This requirement applies on top of any other penalties.
Repeat offenses carry significantly heavier consequences. A second BWI conviction can result in fines up to $5,000, a minimum of seven days in jail, and a two-year loss of boating privileges. A third offense may result in fines up to $7,500, up to one year in jail, and a six-year boating ban.
And if someone was seriously injured during the incident, the charge may rise to a Class D felony, which carries the possibility of up to five years in prison and fines between $2,500 and $7,500. A BWI that results in another person’s death carries even more severe penalties, including the possibility of up to 25 years in prison.
Iowa's Boating Under the Influence Law: What the State Must Prove
Iowa law makes it a criminal offense to operate a motorboat or sailboat while intoxicated. To secure a conviction, the state must prove beyond a reasonable doubt that you were operating a qualifying vessel on Iowa’s navigable waters and that you were intoxicated at the time.
Iowa law generally defines intoxication in one of three ways:
- You were under the influence of alcohol, another drug, or a combination of substances to a degree that impaired your ability to operate the vessel safely.
- Your blood, breath, or urine alcohol concentration was .08% or higher at the time of operation.
- Any amount of a controlled substance was present in your blood or urine.
You might not know that Iowa law does permit passengers on a boat to drink alcohol. Open containers are permitted on board, and other people on the vessel may drink. The restriction applies specifically to the person operating the boat. The law covers motorboats and sailboats, and the definition of “operation” is specific. For a motorboat, operation generally means the motor is running. For a sailboat, it generally means either the motor is running or the sails are hoisted and the boat is underway.
One thing that often catches people off guard: Iowa law also extends the prohibition to the manipulation of water skis, surfboards, and similar devices while under the influence.
Enforcement on Iowa’s waterways is handled by Iowa Department of Natural Resources conservation officers, the Iowa City Police Department, the Johnson County Sheriff’s Office, and other agencies that may participate in coordinated enforcement campaigns. These campaigns, including statewide efforts like Operation Dry Water, can involve checkpoints and increased patrols, particularly around holiday weekends.
Potential Defenses to a BWI Charge
A BWI charge does not automatically mean a conviction. The specific facts of your case matter a great deal, and there may be legal issues worth examining carefully.
Some potential defenses that an attorney may consider include:
Challenging whether the stop was lawful. Law enforcement on Iowa’s waterways has broad authority, but that authority is not unlimited. If the circumstances of the stop or detention raise legal questions, those issues may be worth exploring.
Questioning the accuracy of the chemical test. Breath, blood, and urine tests can produce inaccurate results for a variety of reasons. The equipment used must be properly maintained and calibrated. The test must be administered correctly. If there are gaps in how the test was conducted or documented, those gaps may be relevant to your defense.
Challenging the definition of “operation.” Whether you were actually operating the vessel at the relevant time is a factual question. If you were anchored, drifting, or not in control of the boat’s movement in the way the law defines operation, that could be a meaningful issue.
Examining whether your Miranda rights were respected. If law enforcement questioned you after placing you under arrest without properly advising you of your rights, any statements you made during that questioning may be subject to challenge.
Rising blood alcohol defense. Alcohol is absorbed over time. In some cases, a person’s blood alcohol concentration may have been below the legal limit at the time they were operating the boat but rose to or above .08 by the time a test was administered. This timing issue can be relevant depending on how much time passed between the stop and the test.
Questioning field sobriety observations. Field sobriety tests designed for land-based conditions may be less reliable in a boating environment. Factors like sun exposure, wind, wave motion, and time on the water can affect a person’s physical presentation in ways that have nothing to do with alcohol.
No defense strategy is right for every case. The value of speaking with an Iowa City defense lawyer early is that you can get an honest assessment of which issues, if any, may apply to your situation.
Frequently Asked Questions About BWI Charges in Iowa
In Iowa, can I be charged with BWI if I wasn't steering the boat?
Iowa law focuses on who was “operating” the vessel, and the definition of operation is specific. For a motorboat, operation generally means the motor was running. For a sailboat, it means the motor was running or the sails were hoisted and the boat was underway. Whether a particular person was the operator can sometimes be a contested factual issue, depending on the circumstances. If you were a passenger and were charged anyway, that is exactly the kind of issue a lawyer should review carefully.
Can I lose my driver's license if I'm convicted of BWI?
Generally, no. Under Iowa law, the Iowa Department of Transportation does not have authority to suspend or revoke your motor vehicle driving privileges based on a BWI conviction. A BWI conviction affects your boating privileges, not your automobile driving record. That said, the specifics of your situation can matter, and it is worth discussing with an attorney to make sure you have a complete picture of the potential consequences in your case.
How long can a BWI conviction stay on my record?
A BWI conviction in Iowa is a criminal conviction and can remain on your record for a significant length of time. Iowa’s rules around expungement for alcohol-related offenses are narrow, and traditional convictions generally remain on the record. A deferred judgment, if available and successfully completed, may offer a path to having the case removed from public view, but that outcome depends on the specific facts of the case and how it is resolved. This is one of the reasons that how a case is handled from the beginning matters so much. Speaking with an attorney before entering any plea gives you the best chance of understanding what long-term options may be available to you.
Contact Fitzgerald, Klesner, & Pavelich, PLC
A BWI charge is a serious matter, and you do not have to face it without guidance. Our firm has spent more than 50 years providing the Iowa City region with honest legal representation that is tailored to the client. We take the time to understand your situation and give you a realistic view of your options.
If you or someone you care about has been charged with boating under the influence in Iowa City or the surrounding Johnson County area, contact Fitzgerald, Klesner, & Pavelich today to speak with one of our criminal defense attorneys.
