Boating Under the Influence (BUI) in Pennsylvania

Operating a boat while under the influence of drugs or alcohol is not only incredibly dangerous but also a criminal offense. If you are caught, the penalties can be life-changing. You could face significant fines, jail time, and the revocation of your boating privileges. It is essential to understand what a BUI charge means, what your legal rights are, and the defense strategies available to you.

Understanding Pennsylvania’s BUI Laws

Pennsylvania’s laws regarding Boating Under the Influence were established in 1985. These laws apply to every type of watercraft, ranging from large yachts to small canoes. According to the Pennsylvania Fish and Boat Commission’s Boating Handbook (Safety and Rescue section), alcohol is strictly prohibited in state parks and on state bodies of water. These rules align with regulations across the country, including those enforced on United States Army Corps of Engineers projects.

It is important to remember that operating a boat while intoxicated is often more dangerous than driving a car. The environmental stressors of the water—such as the motion of the boat, the heat of the sun, and the wind—can magnify the effects of alcohol. When you combine these factors with the numbing effects of alcohol, your ability to safely navigate a vessel is severely impaired.

Law enforcement officers, including the Coast Guard, State Park officers, local police, and state troopers, use breathalyzer machines to measure blood alcohol content (BAC). The legal limits on the water are identical to those on the road:

• 0.08% for adults
• 0.02% for minors

If you are stopped and arrested for boating under the influence, the procedure is very similar to a standard street arrest. You will likely face heavy fines, potential imprisonment, and the suspension of your boating license. If you are facing these serious allegations, seeking counsel from a Philadelphia federal crimes lawyer can help you understand the specific nuances of your case.

Additional Charges and Penalties

In Pennsylvania, operating any watercraft while under the influence of drugs or alcohol is illegal. However, a BUI charge rarely comes alone. You may also face accompanying charges such as:

• Public drunkenness
• Reckless operation of a boat
• Underage drinking

Please be aware that these additional charges will result in steeper fines and longer jail sentences if you are convicted.

Key Factors in a BUI Charge

There are several critical elements in a Boating Under the Influence (BUI) charge, but the most significant is your Blood Alcohol Concentration (BAC) level.

• Adults (21+): You are considered legally impaired if your BAC is 0.08 percent or higher.
• 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 watercraft, they have the authority to administer field sobriety tests and/or a breathalyzer test.

It is vital to note that by obtaining a boating license, you have given “implied consent” to sobriety testing. If you refuse to take these tests, your boating license will automatically be suspended for one year. Furthermore, the prosecution can use your refusal as evidence against you in court. A skilled Philadelphia federal attorney will tell you that a BUI conviction carries heavy consequences, including:

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

Fighting a BUI Charge

Just like fighting a DUI charge for driving a car, it is entirely possible to challenge a boating under the influence charge. You do not have to accept a conviction without a fight.

If you or a loved one has been charged with Boating Under the Influence in or around Philadelphia, you need the expertise of a skilled Philadelphia federal attorney. The Logue Law Group operates in Philadelphia, West Virginia, and Ohio, and we are prepared to offer you a free initial consultation.

To schedule a meeting with one of our experienced Philadelphia federal crimes lawyers, call us today at (844) PITT-DUI. Alternatively, you can contact us online.

Do not wait. The sooner you hire a Philadelphia federal attorney, the better your chances of achieving a positive outcome. Call today and take the first step toward protecting your rights!