Boating and a DUI

Operating a boat while under the influence of drugs or alcohol isn’t just risky—it’s a crime. If you get caught, the consequences can be life-changing. You could face steep fines, jail time, and lose your boating privileges. It is essential to understand what a BUI charge means, what your rights are, and how you can defend yourself.

Pennsylvania Boating Under the Influence Laws

Pennsylvania’s BUI laws have been in effect since 1985 and apply to every type of watercraft, from large yachts to small canoes. The Pennsylvania Fish and Boat Commission outlines these rules clearly in the Safety and Rescue section of its Boating Handbook. It also notes that alcohol is banned in state parks and on state park waterways, which aligns with federal rules governing United States Army Corps of Engineers projects. Anyone facing charges related to impaired boating may benefit from speaking with a knowledgeable Morgantown DUI attorney who understands how these overlapping state and federal regulations are enforced.

When you operate a boat while intoxicated, the effects of alcohol are often more severe than on land. The motion of the water, the heat of the sun, and the wind all intensify impairment. When these environmental factors combine with alcohol’s numbing effects, your ability to navigate safely drops significantly, increasing the risk of serious legal consequences that a skilled Morgantown criminal lawyer can help you address.

Determining Intoxication on the Water

To measure blood alcohol content (BAC), officials use breathalyzer machines. These can be administered by the Coast Guard, State Park officers, local police, or state troopers. The legal limits on the water are the same as they are for driving a car:

• 0.08% for adults
• 0.02% for minors

If you are arrested for boating under the influence, the process is very similar to a standard street arrest. You will likely face a Morgantown criminal lawyer in court, dealing with significant fines, potential jail time, and the suspension of your boating license.

Additional Charges and Penalties

In Pennsylvania, operating any watercraft while under the influence of drugs or alcohol is illegal. However, a BUI charge often doesn’t come alone. You might also face related charges such as:

• Public drunkenness
• Reckless boat operation
• Underage drinking

Be aware that adding these offenses to your record will result in higher fines and longer jail sentences.

Understanding BAC and Field Sobriety Tests

BUI charges hinge on several factors, but the most critical is your Blood Alcohol Concentration (BAC).

• For adults (21+): You are considered impaired if your BAC is 0.08 percent or higher.
• For minors: You are considered impaired if your BAC is 0.02 percent or higher.

If a Waterways Conservation Officer (WCO) suspects you have been drinking while operating a boat, they may ask you to perform field sobriety tests or take a breathalyzer test. If you are facing these tests, it is wise to consult a Morgantown DUI attorney immediately.

Implied Consent

It is crucial to remember that by obtaining a boating license, you have given “implied consent” to sobriety testing. If you refuse to take a test, your boating license will automatically be suspended for one year. Furthermore, the prosecution can use your refusal as evidence against you in court.

Consequences of Conviction

A conviction for BUI carries serious penalties, including:

• Fines up to $7,500
• Up to two years in prison
• Loss of boating license

Fighting the Charge

Just like fighting a DUI in a car, it is possible to challenge a boating under the influence charge. You do not have to accept the maximum penalty without a fight.

If you or someone you know has been charged with Boating Under the Influence in or around Berks County, you need the help of a legal expert who understands these specific laws. The Mountaineer Law Group operates in Pennsylvania, West Virginia, and Ohio, and is ready to help you navigate this difficult time.

Don’t wait to get help. To schedule a free initial consultation with a skilled Morgantown criminal lawyer, call us today at (304) 381-3656. Alternatively, you can contact us online. The sooner you secure legal representation, the better your chances of achieving a positive outcome. Call today to start protecting your rights!