You were having a great day on the lake. The sun was out, your favorite song was blasting on your boat’s stereo and you and your friends were enjoying drinks on the water. Then the cops showed up. As you now know, it is illegal to operate a boat while under the influence (BUI) of alcohol, marijuana or other drug. By operating a boat, the law deems that you have given your consent for breath and blood testing to determine the level of alcohol or THC from marijuana in your blood stream. If an officer has a reasonable suspicion to suspect you are (BUI) and you refuse to take a test, your refusal may result in a $1,000 fine. You need a Boating Under the Influence BUI Attorney.
BUI, also referred to as “drunk boating,” is a gross misdemeanor and subjects you to a maximum of 364 days in jail and up to a $5,000 fine. If anyone was injured or killed due to your intoxication, you may be charged with a felony and sent to jail, or prison. Of course, you may also have to pay restitution for any damage you cause.
BUI can also put your job and your family may at risk. If you are a divorced parent, there may be issues with custody and visitation. It is important to protect your rights by hiring an experienced BUI attorney like the ones at Durflinger Oliver & Associates. The former Deputy Prosecuting Attorneys and seasoned criminal attorneys at Durflinger Oliver have been representing BUI clients for a combined 30 years. These BUI attorneys know what needs to be done to protect you.
There are defenses available which are similar to defenses to charges of drunk driving (DUI). For example:
- The Breathalyzer test used to calculate your blood alcohol content (BAC) was not properly administered.
- The Breathalyzer was not properly calibrated.
- The officer administering the Breathalyzer test was not properly trained.
- Breathalyzers were not designed for use on the water.
- Some medical conditions result in false positive Breathalyzer test results.
- Field sobriety tests conducted on a boat are too subjective to be accurate.
- The officer did not properly perform the field sobriety tests.
- The officer did not properly explain your rights to you.
Our attorneys are committed to protecting you and ensuring that you get the best results possible. We will thoroughly investigate the facts of your case, interview witnesses and do our best to have evidence of the test results suppressed. Every day we are in court attacking alcohol cases and negotiating with prosecutors to reach a dismissal or reduction of the charges. As experienced trial attorneys, we are prepared to vigorously fight the charges at trial if necessary. You can trust us to provide you with the best representation at an affordable rate. Call today to schedule a free consultation where we can answer questions about our convenient payment plans and military discount.