Boating and a DUI

Operating a boat while under the influence of drugs or alcohol is not only risky but also criminal. The consequences of getting caught can be severe, including hefty fines, jail time, and a loss of boating privileges. It is crucial to understand the implications of BUI charges, your legal rights, and the available defense options.

Pennsylvania’s Boating Under the Influence laws, enacted in 1985, apply to all types of watercraft, from yachts to canoes. The Pennsylvania Fish and Boat Commission provides comprehensive information on BUI in the Safety and Rescue section of its Boating Handbook. Remember that alcohol is prohibited in state parks and water bodies, as regulated nationwide, including United States Army Corps of Engineers projects.

Operating a boat while intoxicated amplifies the effects of alcohol due to factors like motion, heat, and wind. These, combined with alcohol’s numbing effect, impair your ability to navigate your boat safely.

Breathalyzer machines, used by Coast Guard, State Park officers, local police officers, and state troopers, help determine blood alcohol content. The legal alcohol limit on water mirrors that of the roads: 0.08% for adults and 0.02% for minors.

If you are apprehended for boating under the influence, the arrest process is similar to that of a street arrest, resulting in substantial fines, jail time, and the suspension of your boating license.

In Pennsylvania, operating any watercraft while under the influence of drugs or alcohol is considered illegal. BUI charges may also be accompanied by other offenses such as public drunkenness, reckless boat operation, or underage drinking. It is important to note that these additional charges will lead to increased fines and longer jail sentences.

Boating Under the Influence (BUI) charges involve several crucial factors, with the primary one being the Blood Alcohol Concentration (BAC) level. For individuals aged 21 and above, impairment is deemed to occur when the BAC reaches or exceeds 0.08 percent. For minors, a BAC equal to or greater than 0.02 percent is considered impairment. If a Waterways Conservation Officer (WCO) suspects alcohol consumption while operating a watercraft, field sobriety tests and/or a breathalyzer test may be administered.

Upon receiving a boating license, individuals should be aware that they grant implied consent to sobriety testing. Refusing to comply with these tests can lead to a one-year suspension of the boating license. Moreover, the prosecution can utilize the refusal as evidence in court. A conviction for BUI carries significant consequences, including fines of up to $7,500 and a maximum of two years’ imprisonment, as well as the forfeiture of the boating license.

Similar to fighting a driving under the influence charge, challenging a boating under the influence charge is indeed possible.

If you or someone you know has been charged with Boating Under the Influence in or around Butler, seek the expertise of a skilled Butler PA DUI attorney who specializes in DUI cases. The Logue Criminal Defense team operates in Butler, PA, West Virginia, and Ohio, providing an initial consultation free of charge. To schedule a consultation with one of our experienced Butler PA criminal lawyers, call us today at (844) PITT-DUI or (412) 389-0805. Alternatively, you can reach out to us online.

Act now! The sooner you hire legal representation, the better your chances of obtaining positive outcomes. Contact us today and take the first step towards safeguarding your rights!