Boating Under the Influence - An Overview
It's summertime.
The weather is hot, the beer is flowing, and the lake is the place to be.
And in a nice boat with some friends is the place to be seen.
Until you see the water police pulling up along side of you.
They check your life jackets, your boat safety, and some other procedural things, and then they start to dig in - "had any alcohol to drink today?" Don't get popped with a boating under the influence charge, read on to learn more about BUI and how to avoid one.
Before I begin, however, I want to point out that the examples I'll be using are from Washington State law, including Seattle and Bellevue municipal law.
These laws, though likely similar to the laws of other states, may be different.
Please don't rely on this information as fact if you live in another state, or if you even live in Seattle.
The examples are purely for informational purposes only.
If you get in trouble you should contact a boating under the influence attorney to discuss your case with him.
The purpose of this article is not to dispense legal advice, so please don't take it as such.
If you are out boating on the water, chances are you or the people you are with are having some kind of alcoholic drink.
What better place to have an ice cold beer than on the deck of a boat, right? And, for the most part, that is perfectly fine.
Drinking and driving a boat is okay.
What is not okay, however, is driving a boat while too impaired to properly operate it.
And what that means, BUI, is essentially the same as for DUI - having a breath alcohol level of .
08 or higher, and/or being too impaired to operate the boat properly.
The primary difference with BUI and DUI, at least in Seattle, Washington, is that the punishment is different.
Unlike a Seattle DUI, a Seattle BUI doesn't carry the license suspension or the extremely harsh penalties a DUI does.
And the reason, at least for the license issues, is simple - you don't need a license to drive a boat.
Because of that, taking away your boat driving privileges is fairly difficult.
And, because MADD and SADD don't particularly care (yet) about BUI, the penalties, at least in the Seattle area, for boating under the influence, is only a misdemeanor, carrying a maximum sentence of 90 days in jail and a $1,000 fine.
This is significantly lower than for a driving under the influence charge.
Although the penalties are smaller, the same rules apply.
If you are investigated for BUI, you have the right to remain silent, you have the right to refuse to perform field sobriety tests and take a portable breath test, and you even have the right to refuse to take the DataMaster breath test (the statutory requirement doesn't exist for BUI as it does for DUI).
And, you always have the right to ask for a DUI lawyer the minute you are arrested.
You should exercise these rights in order to have the best chance to beat a BUI charge (at least in Seattle).
In the end, the safest way to avoid getting in trouble on the boat is to drink responsibly or have a designated driver.
But if you are going to take your chances, at least know the penalites.
Contact a BUI attorney in your area to talk to them about what is at stake.
And remember that it is okay to exercise your Constitutional rights, even if the cops aren't happy about it.
The weather is hot, the beer is flowing, and the lake is the place to be.
And in a nice boat with some friends is the place to be seen.
Until you see the water police pulling up along side of you.
They check your life jackets, your boat safety, and some other procedural things, and then they start to dig in - "had any alcohol to drink today?" Don't get popped with a boating under the influence charge, read on to learn more about BUI and how to avoid one.
Before I begin, however, I want to point out that the examples I'll be using are from Washington State law, including Seattle and Bellevue municipal law.
These laws, though likely similar to the laws of other states, may be different.
Please don't rely on this information as fact if you live in another state, or if you even live in Seattle.
The examples are purely for informational purposes only.
If you get in trouble you should contact a boating under the influence attorney to discuss your case with him.
The purpose of this article is not to dispense legal advice, so please don't take it as such.
If you are out boating on the water, chances are you or the people you are with are having some kind of alcoholic drink.
What better place to have an ice cold beer than on the deck of a boat, right? And, for the most part, that is perfectly fine.
Drinking and driving a boat is okay.
What is not okay, however, is driving a boat while too impaired to properly operate it.
And what that means, BUI, is essentially the same as for DUI - having a breath alcohol level of .
08 or higher, and/or being too impaired to operate the boat properly.
The primary difference with BUI and DUI, at least in Seattle, Washington, is that the punishment is different.
Unlike a Seattle DUI, a Seattle BUI doesn't carry the license suspension or the extremely harsh penalties a DUI does.
And the reason, at least for the license issues, is simple - you don't need a license to drive a boat.
Because of that, taking away your boat driving privileges is fairly difficult.
And, because MADD and SADD don't particularly care (yet) about BUI, the penalties, at least in the Seattle area, for boating under the influence, is only a misdemeanor, carrying a maximum sentence of 90 days in jail and a $1,000 fine.
This is significantly lower than for a driving under the influence charge.
Although the penalties are smaller, the same rules apply.
If you are investigated for BUI, you have the right to remain silent, you have the right to refuse to perform field sobriety tests and take a portable breath test, and you even have the right to refuse to take the DataMaster breath test (the statutory requirement doesn't exist for BUI as it does for DUI).
And, you always have the right to ask for a DUI lawyer the minute you are arrested.
You should exercise these rights in order to have the best chance to beat a BUI charge (at least in Seattle).
In the end, the safest way to avoid getting in trouble on the boat is to drink responsibly or have a designated driver.
But if you are going to take your chances, at least know the penalites.
Contact a BUI attorney in your area to talk to them about what is at stake.
And remember that it is okay to exercise your Constitutional rights, even if the cops aren't happy about it.
