Pennsylvania's BUI/DUI joint task force pilot program: an innovative enforcement partnership approach

FBI Law Enforcement Bulletin,The, August, 2003 by George C. Geisler, Jr.

While conducting a river boat patrol on a hot summer evening, two waterways conservation officers (WCOs) encountered a boat speeding toward several young swimmers. The officers directed the female operating the boat to slow down, but she ignored them. The officers turned their craft around, ran it alongside the female's boat, and turned on their emergency lights and siren. The woman continued to ignore the officers' approach. At that point, the WCOs physically took control of her boat and stopped it, still with no reaction from the subject. The smell of alcohol was evident, and the woman appeared to be in a stupor. When the officers placed her under arrest for boating under the influence (BUI), she immediately became combative, kicking, flailing her arms, and screaming obscenities. The officers managed to get the woman onto their boat and escorted her to the shore where they called for a local police transport to the WCOs' patrol car. As the officers attempted to get her off of their boat, she again became physically and verbally combative. Tests showed that the woman's blood alcohol content was four times over the legal limit, and a check of her criminal history revealed that she had a previous DUI conviction. She later pled guilty to BUI and simple assault charges.

THE PROBLEM

Each year, BUIs account for deaths, injuries, and property loss on waterways, many of which go unreported. Often, boaters do not realize that they face the same criminal punishment for a BUI as a DUI (driving under the influence). But, BUI enforcement is not limited to the state's waterways. For example, most boaters drive vehicles to and from their place of boating. Therefore, when boat operators consume alcoholic beverages or controlled substances while boating and then get into their motor vehicles to drive home, the BUI becomes a DUI. (1)

Alcoholic beverage manufacturers often market their products as a leisure activity related to fishing and boating. As a result, many people view consumption of alcoholic beverages as a routine activity while fishing or boating. Moreover, while DUI is not socially acceptable, some people do not perceive impaired boating to be of any serious consequence. The increased availability and use of controlled substances often occur during fishing or boating events due to the perception that individuals are unlikely to encounter law enforcement officers in, upon, or along waterways.

ONE AGENCY'S RESPONSE

The Pennsylvania Fish and Boat Commission, an independent state agency, is funded solely by fishing license and boat registration revenue, and it employs approximately 100 WCOs, who actually are the "state police of the waterways." These officers protect public safety on Pennsylvania's waterways, which includes 83,261 miles of rivers and streams, over 205,000 acres of impoundments and lakes, as well as more than 63 miles of Lake Erie shoreline and 56 miles of the Delaware River. Presently, more than 350,000 of the registered boats in Pennsylvania, along with out-of-state registered boats, use these waterways.

Similar to Pennsylvania municipal police officers, WCOs are certified graduates of police academies. They attend the Fish and Boat Academy, which includes a 40-hour block of comprehensive BUI training, from the classroom to the water, and, finally, into mock trials with actual DUI defense attorneys and judges. This compares to an average of 6 hours of DUI training for municipal police officers. WCOs train for 1 year from their date of appointment, and experienced officers receive annual BUI update training.

Under the Pennsylvania Fish and Boat Code, BUI is a criminal offense almost identical to the DUI section of the Pennsylvania motor vehicle code. A major part of the BUI law enforcement effort includes detecting, apprehending, and prosecuting boaters operating under the influence of alcohol and other drugs. Similar to the DUI section of this code, individuals convicted of BUI for the first time face a misdemeanor charge, which includes a fine of between $500 to $7,500, a jail sentence of at least 48 hours to 2 years, and a 1-year suspension of their boating privileges. To date, however, a BUI conviction does not affect a vehicle operator's license validity.

Funding issues

Unlike most state agencies, the Pennsylvania Fish and Boat Commission receives no general fund money for its operating budget. For the past several years, the commission has partnered with Mothers Against Drunk Driving (MADD), the Pennsylvania DUI Association, the National Safe Boating Council, the Pennsylvania Trauma Society, the Pennsylvania Traffic Institute for Police Services, and the Pennsylvania State Police to acquire more training and enforcement tools for WCOs. As their limited funding allows, MADD and the Pennsylvania DUI Association have provided prearrest breath-testing devices and video cameras to several officers. WCOs use video cameras on their patrol boats for BUI, as well as other, enforcement initiatives. The ability of WCOs to present videotape evidence of such dangerous boat operation significantly impacts the number of impaired boaters convicted for their crimes.