Answer: A first offense boating under the influence is a lower-level violation; it is not a crime. It is basically what amounts to an ordinance violation or similar to a traffic violation, but not traffic. A conviction for a first offense boating under the influence leads to a forfeiture, which is money that has to be paid to the court, and a requirement that a boating safety class be taken. If another offense is received within five years of the first offense, then a second boating under the influence is a crime and does carry mandatory jail time of a minimum of five days, as well as the fine to be paid to the court and the boating safety class. And further offenses within a five-year time period lead to progressively harsher penalties with longer jail terms possible.