BUI (Boating Under the Influence) in Tacoma
Whether you enjoy kayaking along Gig Harbor, fishing at Owen Beach, or rowing the Ruston Way Waterfront, Tacoma has some of the best boating spots in Washington state. With so much fun to have on the waterways, people overindulge sometimes. In those cases, they may face a charge for Boating Under The Influence (BUI). You can receive a BUI charge if you are operating a watercraft under the influence of alcohol, cannabis, or other intoxicants.
Washington state treats BUI charges as seriously as DUI charges. If the Pierce County courts convict you of a BUI, you will face harsh penalties, including jail time. This is where an experienced Tacoma defense attorney comes in.
Why You Should Never Handle A BUI Charge In Tacoma Without Legal HelpYou always need an attorney if you face a BUI charge in Tacoma. First, it's important to understand that not all BUI charges are warranted, and the evidence presented may not always be sufficient for a conviction. Our experienced attorneys scrutinize the circumstances of your arrest, challenging the legitimacy of the charge and assessing the validity of the evidence. We'll also discuss the procedures used in collecting evidence and the accuracy of any sobriety test results.
Moreover, if law enforcement violates your legal rights during your arrest or evidence collection, we can potentially have your case dismissed. Violations of rights include improper stop and search procedures or failing to advise you of your rights. Even if the case proceeds, our Tacoma defense attorneys can negotiate for reduced charges, lesser fines, or even avoid jail time altogether.
With 20 years of experience in Western Washington courts, our legal team has earned a reputation for aggressive defense. In situations where your boating privileges, financial stability, and personal freedom are at stake, you need our help. We'll fight for a favorable outcome for your case.
What Constitutes Intoxication For Boating Under The Influence Charges In Washington State?Alcohol and drugs can impair your balance, coordination, and judgment, increasing the risk of boat accidents. In Washington state, law enforcement determines intoxication for BUI charges based on concentrations of the active intoxicant in your system. State law sets limits on these concentrations and considers you intoxicated if you:
- Have an alcohol concentration of 0.08% or higher
- Have a THC concentration of 5.0 nanograms per milliliter of blood (for cannabis)
Law enforcement uses field sobriety tests, breathalyzers, and blood analysis tests to prove intoxication. However, these testing methods are highly controversial, especially for testing cannabis intoxication. Results are not always accurate, nor do they always reflect a state of intoxication.
What To Do After A BUI Arrest In Washington State?If Tacoma law enforcement has arrested you for BUI, here's what you should do next:
- Consult A Local Tacoma Defense Attorney: Immediately seek counsel from our attorneys who specialize in BUI cases within Tacoma.
- Exercise Your Rights: Remain silent and do not discuss your case with anyone except your lawyer to prevent self-incrimination.
- Record The Details: Document every detail surrounding your arrest and interactions with Tacoma law enforcement officers.
- Adhere To Legal Instructions: Follow all instructions from your lawyer and comply with court requirements to attend hearings and submit the necessary paperwork on time.
BUIs are serious charges that come with heavy penalties. Seek assistance from our Tacoma-based law firm specializing in BUI defense. We'll help you at every step, from arrest through trial, to protect your rights and fight a conviction.
What Happens If You Are Convicted For A BUI In Pierce County?If you are charged with a BUI in Tacoma, your case will be handled at the:
930 Tacoma Ave S.
Room 239
Tacoma, WA 98402
The legal process begins with your arraignment, during which the Pierce County judge reads your formal charges, and you will enter your plea. Following the arraignment, the court schedules pre-trial hearings to discuss the evidence, witness testimonies, and any legal motions pertinent to your case. Your Tacoma BUI attorney will negotiate a plea deal while also laying the groundwork for your defense strategy. If the Pierce County prosecutor does not reach a plea deal, your case will go to trial.
During your BUI trial, both the prosecution and your attorney will present evidence, call witnesses, and argue their case. Our BUI defense attorneys may question the accuracy of any breathalyzer tests, witness testimonies, or the circumstances of your arrest. Then, the courts will consider a ruling.
If the court finds you not guilty, the judge will dismiss the BUI charges against you, and you will be free to go. However, if the court convicts you guilty of a BUI, the judge will impose a sentence based on the severity of the offense and your criminal history. The penalties for a BUI conviction in Washington state are severe. The Pierce County judge may sentence:
- Up to 364 days in jail for a misdemeanor BUI
- Fines of up to $5,000
- Court-monitored probation
- Alcohol or drug education classes
- Community service
- Temporary suspension or permanent revocation of your boating license
Additionally, a BUI conviction goes on your permanent criminal record, negatively affecting your future employment and housing opportunities.
Consult Tacoma's Skilled Defense Attorneys To Challenge Your BUI ChargesTacoma is a top destination for water activities. Boaters gather at Commencement Bay, known for its scenic views and Puget Sound access; Point Defiance Marina, with its deep-water facilities for sport fishing; and the urban Foss Waterway, perfect for enjoying cityscape views from the water. The city hosts world-famous boating events like the Tacoma Freedom Fair and Air Show, the Daffodil Marine Festival and Parade, and the Tacoma Maritime Fest. With so much fun to have on the water, BUIs are common in the area.
If Pierce County Courts convict you of Boating Under The Influence (BUI), you could lose access to all the fun on our waterways. However, BUI charges are not always legitimate. That is why our Tacoma BUI defense lawyers believe every charge should be challenged. If you or a loved one are facing one, contact our defense attorneys. We have several ways to fight BUI charges and penalties.
Boating Under the Influence is basically just like a DUI, except it takes place on a boat. Both are gross misdemeanors, meaning the maximum penalty is 364 days in jail and a $5,000 fine. Additionally, there will be probation and court ordered classes. However, there are also some big differences between the two.
Probably the biggest difference between the two is the fact that a BUI will not currently impact your license. While a DUI will result in a license suspension and an ignition interlock requirement, a BUI conviction has no such problem. Accordingly, there will also be no Department of Licensing Administrative hearing if you are arrested for a BUI. Another big difference is how a refusal to provide a breath sample is being treated. If you refuse to blow in a DUI, you will face harsher consequences and the refusal can also be used against you. On the other hand, a refusal in a BUI cannot be used against you and will not result in harsher criminal consequences. Instead, a refusal will result in you receiving an infraction (not a crime). Unfortunately, the infraction fine is over $1,000!
If you have questions about a possible BUI charge or a refusal ticket, do not hesitate to give our office a call immediately. We will be more than happy to answer your questions and help you out.