Boating under the Influence (BUI)

You have probably heard of driving under the influence, but what do you know about boating under the influence (BUI)? While it is a very similar offense, it is considered a criminal misdemeanor in Washington that involves a water vessel rather than a motor vehicle.

Simply put, it is when someone operates a vessel while under the influence of alcohol, marijuana, or any other drug, with a blood alcohol concentration (BAC) of 0.08 or higher. BUIs are also enforced by both state and federal laws. If you get a BUI conviction, it will show up on your criminal records and can make any future convictions even more severe.

BUI charges apply to several different watercraft vessels, including boats and even jet skis. However, the passengers on these vessels are allowed to drink as long as all open-container laws are followed.

The consequences of a BUI charge in Everett, Washington, can be severe, ranging from fines and imprisonment to the potential loss of all of your boating privileges. Law enforcement on the water, including the Washington State Patrol and local sheriff’s departments, actively patrol Everett’s waterways to ensure safe boating practices.

You will also find that these officers conduct sobriety tests on boat operators if they suspect any kind of intoxication. They use field sobriety tests like breathalyzer devices to determine if there is any kind of impairment.

BUI charges may result in punishments that surpass those we have already touched on, like mandatory participation in alcohol education classes or substance abuse treatment programs.

The penalties are steep, so you don’t want to face these charges alone. A criminal defense attorney who specializes in BUI cases can be a great first line of defense.

Washington State Law Governing BUI Offenses in Everett

The primary statutes regarding BUI offenses in Everett can be found under RCW 79A.60.040. Here, you will find the legal restrictions and penalties that are related to impaired boating in the state.

• RCW 46.61.502: While this statute mainly talks about driving under the influence, it also applies to boaters when they choose to operate while impaired. This is where you can find more information on the permissible BAC limits and all of the penalties associated with BUI charges.
• RCW 46.61.504: The state also applies enhanced penalties in some cases for BUI charges when there are aggravating factors in the mix, like causing an accident or injury while impaired. In this case, you can face serious criminal charges that also include reckless endangerment or even manslaughter.

The Penalties for a BUI Charge in Everett, Washington

If you are convicted of a BUI charge in Everett, you can face penalties that are very similar to those used for DUI offenses. A first offense can cost you up to $5,000 in fines, and any subsequent offenses can involve even higher fines.

A first offense can also result in jail time of up to one year, and repeat offenders will see more. A BUI conviction leads to the suspension of a person’s driver’s license and the suspension of all boating privileges in some cases.

Finally, you might also have to complete a boating safety or alcohol education course if convicted. This is especially true in the case of repeat offenders.

Washington’s laws showcase the importance of safe and sober boating. They take impaired boating very seriously, as you can see from the serious penalties in place that are meant to deter people from operating vessels while under the influence of alcohol or drugs.

The Small Town Feel of Everett, Washington

You will find that Everett has that small-town feel combined with big-city vibes that residents and visitors alike are attracted to. It offers an urban and suburban mix and is home to many families and young professionals. Did you know that Everett is also known for having the largest public marina on the West Coast? There is a 13-lane boat launch, which is considered the largest public boat launch in Washington state.

With this kind of access to the waterways, you can see why Everett might have its own set of challenges when it comes to people committing BUI offenses in the area. It should also open your eyes to the immense value a criminal defense attorney can provide if you find yourself facing these charges. You want to do everything in your power to maintain your boating privileges, and an attorney can help do just that.

How You Benefit From an Experienced Criminal Defense Attorney

Suppose you are facing BUI charges in Everett, Washington. In that case, you need to consult an experienced and knowledgeable attorney who understands the laws and statutes regarding BUIs in your city. They can provide you with expert guidance, representation, and defense strategies that are tailored to your particular case and its specifics.

A criminal defense attorney specializing in BUI cases is well-versed in the state’s boating laws, including the specifics of the statutes we have outlined above. They know what the legal thresholds for impairment are and the penalties associated with these convictions.

One of the biggest tasks they will take on is reviewing and analyzing the evidence being stacked against you. They will look at whether the field sobriety tests were administered properly and ensure that the officer had probable cause to stop your boat in the first place. They will make sure the equipment was checked, calibrated, and functioning correctly. If there are any issues with the evidence, your attorney will challenge the validity of your charges or negotiate a reduction in the penalties.

Our firm understands how far-reaching this kind of charge can be and is committed to keeping you out of prison and on your boat. We will provide you with invaluable support to significantly improve your chances of avoiding or reducing serious penalties and help protect your rights throughout the entire process.

As most people can guess, a BUI is like a DUI, only it takes place while driving a boat. Just like a DUI, a BUI is a gross misdemeanor, meaning the maximum penalty is 364 days in jail and a $5,000 fine. Up until 2013, a BUI used to be a misdemeanor, meaning the maximum penalty used to be 90 days in jail and a $1,000 fine.

Just like with a DUI, the per se alcohol legal limit is .08 and for marijuana THC it is 5 while driving a boat. One of the big differences between a DUI and the BUI is the fact that there are no license ramifications. There is not a DOL hearing nor is there a driver’s license suspension with a conviction. The same holds true with a refusal. While a refusal with a DUI will lead to stricter penalties and a prosecutor can use the refusal against you, the same does not hold true with a BUI. However, to combat that, the state implemented in 2013 a new class one infraction for a refusal. This means, if you refuse to give a breath test on a BUI, you will get a ticket that will be over $1,000!

If you are facing a BUI charge or a BUI refusal ticket, contact our office immediately. We will be more than happy to discuss all of your options and answer any questions you have.