Boating and a DUI in Erie County

Operating a boat under the influence of drugs or alcohol in Erie County isn’t just risky; it’s a serious criminal offense. The consequences? Substantial fines, possible jail time, and the loss of your boating privileges. Understanding the implications of Boating Under the Influence (BUI) charges, your legal rights, and potential defense strategies is essential.

Pennsylvania’s Boating Under the Influence Laws

Pennsylvania enacted its Boating Under the Influence (BUI) laws in 1985, regulating all types of watercraft—from canoes to yachts. Under these laws, alcohol is strictly prohibited on state park waters and other regulated areas, including those overseen by the United States Army Corps of Engineers. This aligns with similar regulations nationwide.

The Pennsylvania Fish and Boat Commission offers thorough guidance on BUI laws in its Boating Handbook, particularly in the “Safety and Rescue” section. This is a helpful resource for all watercraft operators seeking clarity on maintaining compliance while enjoying the waterways of Erie County.

Why Boating and Alcohol Are a Deadly Mix

Operating a vessel while intoxicated exacerbates the effects of alcohol. Factors such as motion, heat, wind, and the numbing impacts of alcohol combine to severely impair your equilibrium, reaction time, and overall ability to steer safely. The result? An increased likelihood of accidents that can harm not only you but also others sharing the waterways.

To gauge blood alcohol content (BAC), various enforcement officers—including Waterways Conservation Officers (WCOs), local police, and state park officers in Erie County—utilize breathalyzer machines. For adults, the legal BAC limit mirrors the road regulations at 0.08%. For minors, the threshold is as low as 0.02%.

What Happens If You’re Caught Boating Under the Influence?

A BUI arrest closely resembles a DUI arrest, and the penalties are similarly severe. These consequences include hefty fines, time behind bars, and a possible suspension of your boating license.

Possible Additional Charges

If you’re charged with a boating DUI, additional offenses may come into play, such as public intoxication, reckless operation of a boat, or underage drinking. These charges can escalate your penalties, leading to higher fines or lengthier jail sentences.

Key Factors in BUI Charges

Blood Alcohol Concentration (BAC) is a critical factor in BUI cases.

• For individuals 21 or older: Impairment occurs at a BAC of 0.08% or higher.
• For those under 21: A BAC of 0.02% or more constitutes impairment.

WCOs may administer field sobriety tests and/or breathalyzer tests if they suspect a watercraft operator is intoxicated.

Implied Consent and Refusal

When obtaining a boating license in Pennsylvania, you automatically provide “implied consent” for sobriety tests. Refusing to comply with these tests can result in a one-year boating license suspension. Further, the prosecution is allowed to use your refusal as evidence in court.

A BUI conviction can bring penalties as steep as $7,500 in fines, two years of imprisonment, and the suspension of your boating license.

Fighting a BUI Charge

Just like with DUI cases, BUI charges can be challenged. However, navigating these complexities alone is risky.

Hiring an Erie Criminal Lawyer That Specializes in BUI

If you or someone you know has been charged with Boating Under the Influence in Erie County, it’s vital to secure experienced legal representation. The Logue Law Group is here to assist you. Our skilled Erie DUI attorney specializes in handling BUI cases and understands the nuances of Pennsylvania’s waterway regulations.

How We Can Help

• Free Initial Consultations
• Experienced Erie criminal lawyers ready to protect your rights
• Expertise in handling BUI-specific defenses

Call us today at (844) PITT-DUI or connect with us online to schedule your free consultation with one of our seasoned Erie DUI attorneys.

Don’t Delay!

Acting quickly after a BUI charge is critical to safeguarding your future and boating privileges. Call the Logue Law Group today to ensure the best possible outcome for your case.