Boating and a DUI

Understanding BUI Charges

Operating a boat under the influence of drugs or alcohol is not only dangerous but also illegal. If you are caught, the penalties can be severe, including hefty fines, jail time, and losing your boating privileges. It’s crucial to grasp the implications of Boating Under the Influence (BUI) charges, your legal rights, and your defense options.

Pennsylvania’s BUI Laws

Enacted in 1985, Pennsylvania’s BUI laws apply to all watercraft, from yachts to canoes. The Pennsylvania Fish and Boat Commission’s “Safety and Rescue” section in its Boating Handbook offers comprehensive BUI information. Alcohol is banned in state parks and water bodies, aligning with similar nationwide regulations, including United States Army Corps of Engineers projects.

The Effects of Alcohol on Boating

Boating while intoxicated amplifies alcohol’s effects due to motion, heat, and wind. These factors, combined with alcohol’s numbing effect, impair your ability to safely operate a boat.

Law Enforcement and Testing

Breathalyzer machines used by the Coast Guard, State Park officers, and local police help determine blood alcohol content (BAC). The legal limit on water is the same as on roads—0.08% for adults and 0.02% for minors.

Consequences of Being Caught

If apprehended for boating under the influence, the process is similar to a street arrest, involving significant fines, jail time, and suspension of your boating license.

Additional Charges and Implications

Operating any watercraft under the influence is illegal in Pennsylvania. BUI charges can be accompanied by offenses like public drunkenness, reckless operation, or underage drinking, leading to higher fines and longer sentences.

Key Factors in BUI Charges

A major factor in BUI charges is your BAC level. For those 21 and older, impairment is deemed at a BAC of 0.08% or higher. For minors, a BAC of 0.02% or more indicates impairment. If a Waterways Conservation Officer (WCO) suspects alcohol use, field sobriety, and/or breathalyzer tests may be given.

Implied Consent in Pennsylvania

By receiving a boating license, individuals grant implied consent to sobriety testing. Refusing these tests results in a one-year suspension of your boating license, and refusal can be used against you in court. A BUI conviction can lead to fines up to $7,500, two years of imprisonment, and loss of your boating license.

Fighting a BUI Charge

Similar to a DUI charge, you can challenge a BUI charge. If you or someone you know is facing BUI charges in or near Kittanning, seek help from an experienced Kittanning DUI attorney specializing in DUI cases.

Getting Legal Help

The Logue Law Group, operating in Kittanning, West Virginia, and Ohio, offers free initial consultations. Schedule a consultation with an experienced Kittanning criminal lawyer by calling (844) PITT-DUI or contacting us online.

Don’t delay! Prompt legal representation enhances your chances of a positive outcome. Call today to protect your rights.