Can You Get A DUI In A Canoe In Minnesota?

This is a question that probably doesn't pop into your mind very often, but I found myself asking this today. It's not because I'm planning a drunken adventure in a canoe, but because a man in another state was just arrested and charged with a DUI in a canoe.

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A New Hampshire Man was arrested and charged with a DUI when his canoe tipped over with his children inside. The man and his two children were tossed into the frigid water. A police officer went in and rescued the children. The father is likely facing other charges as well.

Minnesota BWI Laws

In Minnesota, you can be arrested and charged with Boating While Intoxicated if the driver of the motorboat has a blood alcohol concentration of .08 or above. The word specifically used is a motorboat. The other term to know with this is 'motorboat in operation.'

Google Search Results Can Be Misleading

I did some digging around on the internet. Usually, when you ask a legal question you're directed to a law firm's article somewhere. Some of them say it doesn't matter if the boat has a motor or not on it. So I went and did the research myself and confirmed it with a Minnesota police officer.

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You Can Get A DUI While On Anything With A Motor

The key word is motor. The vehicle needs to have a motor. This means you can get a DUI on a go-kart, moped, scooter, lawnmower, or anything else.

If Your Canoe Doesn't Have A Motor (trolling included) You Can't Be Charged With A DUI.

So, if you are just paddling the canoe and don't have any motor of any type assisting you, you can't get a DUI. Now, if you were to tip over the canoe and you were drunk and it lead to the injury or death of someone, that's not saying you can't be charged with a serious crime.

Subd. 13.Motorboat.
"Motorboat" has the meaning given in section 86B.005, subdivision 9.
Subd. 14.Motorboat in operation.
"Motorboat in operation" does not include a motorboat that is anchored, beached, or securely fastened to a dock or other permanent mooring or a motorboat that is being rowed or propelled by other than mechanical means.