Find an Attorney To Fight Charges Related to Boating Under the Influence
One of the best parts about owning or renting a boat is the freedom it provides. You take to the lake or the open seas, fire up the motor, or hoist your sails, and it feels like you can live that way forever. After all, many people do live aboard their boats around the world. Unfortunately, it can become all too easy to overestimate freedom on the water, causing many people to believe impaired driving laws only apply when operating a vehicle on land.
The U.S. National Weather Service warns that every state made it illegal to operate boats and any other watercraft while impaired by alcohol or drugs. If you are accused of boating while under the influence, you should strongly consider consulting an experienced attorney to fight those charges and protect your freedom.
What Is Boating Under the Influence?
If you operate any kind of boat or watercraft while intoxicated by drugs or while your blood alcohol content is over the legal limit, you might face charges. The legal limit might vary across jurisdictions and could differ by age. Note that in some states, even if you do not take a test, if you show other signs of impairment or cause damage, injuries or death, you might still face charges.
What Vehicles Are Covered Under BUI Laws?
Boating under the influence laws does not only apply to traditional boats. These are some of the water-bound vehicles addressed by laws in most states:
- Yacht
- Sailboat
- Sailboard
- Fishing boat
- Jet-propelled personal watercraft
In most cases, non-motorized items remain exempt from BUI laws. These might include canoes, kayaks, float tubes, paddleboards, and surfboards. The specifics of how to treat these and other items might vary by state.
What Are the Main State Provisions?
In most states, the BAC limit for BUIs aligns with DUIs, set at 0.08%. This means a BAC of 0.08% or higher can lead to a BUI charge, though the actual limit may vary slightly (between 0.07% and 0.079%) based on rounding in different jurisdictions. Some states, however, impose lower BAC limits for younger or inexperienced boat operators.
States that uniformly set the BAC threshold at 0.08% for all operators, regardless of age, include the following:
- Alaska
- Delaware
- District of Columbia
- Idaho
- Illinois
- Iowa
Some states have a 0.1% BAC threshold with no special limits for minors. These include the following states:
- Colorado
- Mississippi
- Missouri
- North Dakota
- Wyoming
Are There Any Separate Laws for Minors?
States like Alabama, Arizona, Hawaii, Indiana, and Maine are among the strictest for BUIs, enforcing a 0.08% BAC limit for adults. For minors, though, these states have a zero-tolerance policy with a 0.00% BAC threshold. This means any alcohol in a minor’s system while operating a vehicle, whether on land or water, is grounds for legal action.
Some other states with separate BACs for boat operators who are minors do give a little more leeway, but not much. For instance, in Utah and Wisconsin, the adult BAC threshold is 0.08%, and the threshold for all minors is 0.01%.
These are the states that set a slightly higher BAC threshold at 0.02% for boat operators under the age of 21 years old:
- Connecticut
- Louisiana
- Ohio
- Vermont
- Virginia
These states set a 0.02% BAC threshold for minors, instead:
- Georgia
- Kansas
- Massachusetts
- Pennsylvania
What States Have More Complex Boating Under the Influence Laws?
When it comes to complexity, California, New Hampshire, and New York top the list. All three states take a multi-tiered approach to determining an individual’s BAC limit.
California: The BAC threshold for recreational boaters is 0.08% or higher. For commercial operators, the threshold is 0.04%. For minors under 21, it is 0.01%, even for water skis. However, California also emphasizes that minors should not be consuming any alcohol at all in the first place. For boaters under 21, boating with a BAC of 0.01% to 0.06% is considered an infraction, which is treated similarly to a traffic ticket.
New York: New York has a similar setup to California. It sets a 0.08% BAC threshold for adult recreational boaters. For commercial boaters, the threshold is 0.04%. For boaters under the age of 21, it sets the threshold at 0.02%.
New Hampshire: New Hampshire sets a BAC threshold at 0.08% for adults when detected by breath, blood or urine. However, the state can also prosecute cases of boaters with a BAC of 0.3% to 0.08% if there is other evidence to consider. For boaters under 21 years old, the threshold is 0.02%.
What Is the Process for Fighting BUI Charges?
No one process works well for all states, so only an experienced BUI attorney can answer this question. For instance, in some cases, your attorney might advise you not to take the breathalyzer test. In some states, this could mean mandatory jail time or immediate revocation of your driver’s license.
The circumstances around the BUI case and the age of the parties involved also present other issues that make it difficult to prescribe any single course of action. Hire an experienced attorney to fight your case.
How Do I Find an Experienced BUI Attorney?
At first glance, it might seem like any criminal defense attorney who handles traffic accidents can take on your case. However, finding a local attorney with experience fighting BUI charges is crucial. Note that, in most states, boating laws are not identical to driving laws.
If you are accused of causing property damage, injury, or death, then you have even greater need of an attorney who has experience with boats and boat cases. This attorney would understand the idiosyncrasies of boating and leave no stone unturned when fighting to secure your freedom.
We can make it easier for you to find an attorney with such specialized qualifications. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
