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A bill passed by the 2005 North Dakota State Legislature provides clarification of the boating under the influence regulation.
"The law really didn't change, we just cleaned up the language a little bit by applying more specific standards," said Robert Timian, law enforcement chief for the State Game and Fish Department.
Previously, the BUI regulation was more generic - it was illegal to operate a motorboat or vessel while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana. "There was the possibility of some loop holes," Timian said. "Now everything is clearly stated."
Senate Bill 2141, signed into law by Gov. John Hoeven, went into effect May 1, and makes it illegal for someone to operate a motorboat or vessel, or manipulate water skis, a surfboard or similar device, if any of the following apply:
 | A person has a blood alcohol concentration level of at least .10 at the time of a chemical test. |
| A person is under the influence of intoxicating liquor. |
| A person is under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel. |
| A person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel. |
In addition, the bill also changes the administrative penalty for offenses that result in suspension of privileges during the boating season. Previously, a 90-day suspension for boating under the influence could have been administered at any time during the year. With SB 2141, the penalty now must be served between May 1 and October 1.
"For the suspension to have any meaning, it should occur at the time of the year when you can actually operate a boat," Timian said.
If the person is unable to serve the full prohibition within the time period in any given year, Timian said, the person must serve the remaining portion of the suspension during the same time period in the subsequent year.
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