Boating under the Influence (BUI)

Boating under the influence (BUI) refers to operating a watercraft while impaired by alcohol or drugs, which is very similar to driving under the influence (DUI) on land. Under Washington state law, it is illegal to operate a boat or any other vessel while under the influence of alcohol, marijuana, or any other drugs that can impair your ability to operate the vessel safely.

Boating under the influence is outlined inRCW 79A.60.040. The legal BAC limit for boating is the same as for driving a car. If you are 21 or older, it is illegal to operate a boat with a BAC of 0.08% or higher. For operators under 21, any detectable alcohol level can lead to BUI charges.

Just like alcohol, operating a boat while impaired by drugs (including marijuana or prescription medications) is prohibited. If a law enforcement officer suspects impairment due to drugs, they may administer sobriety tests and, if needed, a blood test to confirm.

A criminal defense attorney can play an important role when it comes to defending you when you are accused or charged with a crime. The main goal is to protect your rights and ensure you receive a fair trial.

Your criminal defense attorney will provide you with legal guidance and counsel throughout the entire process while explaining the charges against you, the potential penalties, and the legal options you have available. They will also advise you on whether to accept a plea deal or if you should proceed to trial.

Washington Laws Regulating BUI Charges

Did you know that Washington has some of the strictest laws in the country when it comes to BUI offenses? This reflects their commitment to maintaining safety for everyone on the waterways. Just like driving a car, operating a boat under the influence of drugs or alcohol or a combination of both is a serious crime with severe penalties for those accused of breaking the law.

RCW 46.20.308 Refusal to Submit to a Chemical Test

This statute addresses the consequences that come with refusing to submit to a chemical test when you are suspected of BUI. Similar to DUI laws, refusing this test (breath, blood, or urine) results in automatic penalties, including the suspension of your boating privileges.

RCW 79A.60.040 Commercial Vessels and Boating Under the Influence

Thisstatute talks about commercial boat operators and how they are also subject to these BUI laws. The statute establishes rules for commercial vessel operators regarding alcohol and drug impairment.

RCW 46.61.502 Driving Under the Influence

Yes, this particularstatute does talk about driving a motor vehicle while under the influence, but it also outlines legal BAC limits and defines impairment. It is often referenced in BUI cases because they are so similar.

The Penalties for DUI and BUI Offenses (RCW 46.61.517)

Here are some of thepenalties you can expect if you are accused of breaking this law. These apply to both DUIs and BUIs.

• First Offense: This is a misdemeanor charge that can land you with fines, boating restrictions, and mandatory alcohol/drug evaluation or treatment.
• Subsequent Offenses: For any subsequent offenses, you can expect increased penalties, including longer suspensions of boating privileges, larger fines, and possible jail time.
• BUI for Drugs: Penalties for boating under the influence of drugs can be similar to those for alcohol but may vary depending on the substance involved.

RCW 79A.60.070 Boating Safety Education Requirements

Thisstatute requires that certain boat operators complete boater safety education. This includes information on BUI laws and the dangers of operating a vessel while under the influence.

RCW 46.61.5058 Ignition Interlock Devices and DUI/BUI Offenders

Thisstatute applies to people convicted of DUIs and BUIs. It requires the installation of an ignition interlock device on their vessel, which is usually the case for repeat offenders.

If you're caught boating under the influence, not only will you face legal consequences, but you will also put others' safety at risk. It’s always best to avoid operating a boat if you’ve been drinking or using drugs.

A Beloved Pastime With Serious Responsibilities

Boating in Washington is certainly considered a beloved pastime. The state boasts stunning waterways, including Puget Sound, Lake Washington, and theColumbia River. Whether it’s sailing, fishing, or water skiing, people flock to Washington to enjoy its natural beauty.

However, with the privilege of using these waterways comes the responsibility to operate your vessel safely and lawfully. Washington’s strict boating regulations are designed to protect boaters and the environment so that everyone can enjoy the waters.

Impairment while boating endangers the operator as well as their passengers. There is also a high risk of collisions with other vessels, harm to swimmers in the area, and even environmental damage. This is why law enforcement agencies actively patrol the water. They are committed to preventing and addressing BUI offenses while emphasizing the importance ofresponsible boating.

Criminal Defense Attorneys to Help With BUI Charges

While it isn’t required to hire a criminal defense attorney for boating under the influence charges, you may find that having one can seriously benefit your case. A BUI conviction in Washington can lead to serious consequences, as we have outlined.

An experienced criminal defense attorney understands what is involved, including field sobriety tests conducted on the water and the procedures for chemical testing. They can identify weaknesses in the prosecution’s case against you, like improperly conducted testing or insufficient evidence, which they can use to have your charges reduced or even dismissed.

We firmly believe that every boating under the influence charge can be successfully challenged. Our attorneys have been defending individuals against BUI and similar charges throughout Washington for over 20 years.

If you or a loved one is facing a BUI charge, it’s critical to consult an experienced criminal defense attorney, who will take several steps to ensure your case has the best possible chance of a successful outcome. These include taking a much closer look at all the evidence and challenging improper procedures.

Our BUI defense attorneys are dedicated and aggressive advocates who will fight to protect your rights, keep you out of jail, and help safeguard your boating privileges.

Just like with DUIs, Washington has also been increasing the penalties for other similar alcohol related crimes, including BUIs. In mid-2013, a BUI became a gross misdemeanor, compared to previously being a misdemeanor. This means there is an increased maximum penalty, from 90 days in jail and $1,000 fine to 364 days in jail and $5,000 fine.

Just like with a DUI, the alcohol per se legal limit is also .08 and the marijuana THC level is also 5. A refusal to take the breath test could be ticketed as a class one infraction with a default penalty of $1,000, but the actual fine might end up being more.

If you are facing a BUI charge, do not hesitate to give our office a call to discuss your case. We’d be glad to answer your questions and let you know your options. Call us today for a free consultation with one of our firm’s experienced Washington criminal defense attorneys.