Is Boating Under the Influence Different Than DUI?
Guest post, courtesy of CMS Law Firm:
We all have heard about driving under the influence, or DUI. It involves, basically, driving drunk. But did you know that if you are out on the lake operating a boat when intoxicated you can get in trouble for that too? Believe me when I tell you, it’s definitely possible.
I wanted to write this article because I’m a BUI attorney and every year I see people who are out trying to have a good time and end up fighting a boating under the influence charge. And since summer time is right around the corner, I figured an article like this might do some good.
Boating under the influence is much like driving under the influence. If you operate a boat when you are too drunk to do so properly, you can be found guilty of a misdemeanor. But, the good news is that is about where the similarities to a DUI end (at least in Seattle, where I practise). There are several things that are different, in a good way, from DUIs.
First, you can’t lose your license if you are convicted of BUI or blow .08 or over on a breathalyzer. There is no boating license, and the legislature hasn’t figured out a way to connect boating and driving, yet. So, no matter what happens, you get to keep your license.
Second, you don’t have to take a breath test. There are no implied consent rules related to boating like there are driving. So, theoretically, when a cop asks you to take a breath test you can tell him no and they can’t hold that against you. The only thing to remember, though, is that refusing a breath test can have some civil implications with Coast Guard (a different article altogether).
Third, and finally, you can often negotiate a deal with the prosecutor for a BUI charge that reduces the problem to a simple traffic (or boating infraction). You have an episode of bad boating on your record, and the BUI goes away.
If the cops ever pull up to your boat and start asking questions, don’t wait too long before asking to speak with a criminal attorney. You have the right to speak to someone, and they will be able to walk you through the situation so your interests are guarded.
