Understanding Boating Under the Influence (BUI)

Navigating the waters under the influence of drugs or alcohol is not only hazardous but also illegal. If you’re caught, you could face severe penalties, including heavy fines, jail time, and the loss of your boating privileges. It’s vital to understand the seriousness of BUI charges, your rights, and your defense options.

Pennsylvania’s Boating Under the Influence Laws

Since 1985, Pennsylvania has implemented strict laws concerning Boating Under the Influence (BUI), which cover all types of watercraft, from yachts to canoes. The Pennsylvania Fish and Boat Commission offers detailed information on BUI in its Boating Handbook’s Safety and Rescue section. It highlights that alcohol is prohibited in state parks and waters, consistent with regulations across the country, including those set by the United States Army Corps of Engineers.

The Impact of Alcohol While Boating

Operating a boat after consuming alcohol is even riskier due to factors such as motion, heat, and wind, which amplify alcohol’s effects. These elements, combined with alcohol’s numbing impact, can significantly impair your ability to safely steer your boat.

Measuring Blood Alcohol Content on Water

Authorities such as the Coast Guard, State Park officers, local police, and state troopers use breathalyzer machines to determine blood alcohol content (BAC). The legal BAC limit on waterways is the same as on the roadways—0.08% for adults and 0.02% for minors.

If you’re caught boating under the influence, the process mirrors a roadside arrest, leading to substantial fines, potential jail time, and suspension of your boating license.

Legal Implications and Additional Charges

In Pennsylvania, it’s illegal to operate any watercraft while under the influence of drugs or alcohol. BUI charges can be accompanied by other offenses like public drunkenness, reckless boat operation, or underage drinking, which can result in additional fines and longer jail terms.

Key Factors of BUI Charges

• Blood Alcohol Concentration (BAC): For those 21 and older, impairment is considered at a BAC of 0.08% or more. For minors, this threshold drops to 0.02%. If a Waterways Conservation Officer suspects your boating under the influence, you might undergo field sobriety tests or a breathalyzer test.
• Implied Consent: By obtaining a boating license in Pennsylvania, you consent to sobriety testing. Refusing these tests can result in a one-year suspension of your boating license, and the refusal may be used as evidence in court. A DUI conviction can lead to fines of up to $7,500, up to two years in prison, and loss of your boating license.

Facing BUI Charges

Challenging a BUI charge is similar to contesting a driving under the influence offense. If you or someone you know is facing DUI charges in or near Greensburg, it’s crucial to consult with a skilled Greensburg DUI attorney specializing in DUI cases. Our Greensburg criminal lawyer team operates in Greensburg, West Virginia, and Ohio, offering free initial consultations. To schedule a discussion with an experienced Greensburg criminal lawyer, call us at (844) PITT-DUI or (844) 748-8384, or reach out to us online.

Take Action Now

Don’t delay in seeking legal representation. The sooner you do, the better your chances of achieving a favorable outcome. Call us today and take the first step towards protecting your rights!