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What are the penalties for BUI?
Boating Under the Influence is a Misdemeanor which means that the maximum penalty, allowed by law, is 90 days in jail and/or a $1000 fine. This is not to say that you are actually facing 90 days in jail, but the statutory scheme does permit a judge to sentence a person guilty of this offense up to that amount.
Are there any mandatory minimum penalties for BUI?
Unlike their driving equivalent, BUIs do not carry any mandatory penalties. Where even a first time DUI conviction will assure an individual of jail time, a license suspension, an order of ignition interlock, and high risk insurance, BUIs do not carry such “mandatory” punishment. Since BUI is a misdemeanor, they are punishable by up to 90 days in jail and a $1000 fine. And whereas a DUI conviction will place five years of probation upon an individual, a BUI conviction will require a maximum of two years probation.
Additionally, while a DUI conviction will require a minimum one year ignition interlock requirement, a BUI conviction, theoretically, should not. The ignition interlock statute reads as follows…
Can I lose my Driver’s License over a BUI?
The simple answer here is “No.” However, recently Washington Law began to require an operator’s permit for anyone operating a vessel on public waterways. At the current time, this requirement is being phased in based upon the operator’s age. Undoubtedly, the legislature will, at some point, tie this privilege into both arrests as well as breath testing as they have done in the driving context. Consequently, the operator of any vessel charged with this offense should do everything possible to avoid a conviction.
If the operator possesses a Captain’s License, things become much more serious as any criminal offense, committed while operating a vessel, can be grounds for denial of a re-application of that Captain’s License.
Will there be a DOL Hearing because of my BUI?
There will not be a “DOL” hearing, however, an arrest can subject you to another civil hearing conducted before the United States Coast Guard. Should local or state law enforcement make a report of an operator’s arrest to the Coast Guard for BUI, it is highly likely that a civil hearing will be scheduled in order to determine if a fine and if so, how much, is imposed by the Federal Government. Read more…
Do I have to take Field Sobriety Tests if I’m stopped for BUI?
The simple answer is “No.” While field sobriety testing creates legal and factual issues in for DUIs, FSTs on the water provide the defense attorney with a plethora of legal and factual issues. Of course, the BUI statute specifically states that an officer shall administer field sobriety tests only when circumstances permit. What that means is anyone’s guess. Rarely, if ever, are BUI arrests, commenced by routine stops, effectuated without the use of some form of field sobriety testing. First and foremost, field sobriety testing constitutes a search. It certainly does not lie within the plain sight exception to the warrant requirement. Since this is a search conducted, theoretically, in the absence of probable cause, an exception to the warrant requirement must exist. The burden of establishing that exception lies with the State. Furthermore, since “consent” is the only exception upon which the Prosecutor could rely, they must establish a boater’s voluntary consent by clear and convincing evidence. Certainly, since no motorist is required to take field sobriety tests, no boater should be placed under a legal obligation to perform such tests. Furthermore, no boater should be arrested simply for not submitting to “voluntary” field sobriety tests. Read more…
Do I have to take a breath test if I am arrested for BUI?
Like driving cases, breath/blood test refusals present the attorney with several challenges. Furthermore, unlike driving cases, where over 90% of the time an attorney would advise a driver to take the breath test; boating cases are not as black and white. Unlike driving cases, where a refusal will result in greater administrative and criminal sanctions, a refusal following an arrest for BUI could benefit one in the criminal court, yet have adverse consequences in the civil forum. Read more…
How will my case proceed?
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