Boating under the Influence (BUI)

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.