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Boating Under the Influence (BUI)
17 million boats are currently in use within the United States. There are 95,000 miles of shoreline, 25,000 miles of navigable inland waterways, and lakes comprising 14 million acres. Each year, thousands of boating accidents occur. Many involve serious injuries and death. One third of boating accidents occur because of boaters being under the influence of alcohol or drugs.
Boating Under the Influence (BUI) is against the law. Even landlocked stateshave inland waterways where impaired boat operators cause accidents. If the offence occurs in U.S. shoreline waters, federal BUI laws may apply.
Penalites for BUI - State and federal statutes outlawing BUI have strict penalties for operating a boat or personal watercraft (such as jet-skis) while under the influence. Penalties may include:
· Large fines
· Revocation of operator privileges
· Serious jail terms
Blood Alcohol Concentration Limits - Federal government regualtions and state law have differing blood-alcohol concentration (BAC) limits for BUI offenses. Conditions surrounding the accident can increase BUI jail sentences. If a minor child is in the boat while the operator is boating drunk, penalties cn be higher. If the boat operator driving drunk is under 21, any measurable amount of blood alcohol can result in a BUI charge.
Like drunk driving, people often don't perceive the potential for boating accidents when using alcohol or drugs. And most people just aren't as aware of the dangers of alcohol or drug use on the waterways as they are of driving a car when drunk or drugged. It's not unusual for boaters to go out onto the water with a supply of alcohol as part of their recreation. These same people would never consider driving a car while drinking but the risk of a BUI arrest is not on their minds. What many don't realize is that the Coast Guard and local police department regularly patrol the waterways just as the police patrol our highways. They are all looking for the same thing; indications that a vehicle is being operated while while under the influence.
Increased impairment - The boating environment actually increases impairment compared to the car-driving environment. Drink for drink, boat operators may become impaired more quickly. Factors that accelerate the effects of alcohol or drugs when boating under the influence include:
· Constant motion of the boat on the water
· Sun
· Wind
· Water spray
· Engine noise
· Vibration
· A boat operator's using prescription drugs can compound the effect.
If charged with BUI, seek advice from an experienced attorney. Laws regarding BUI are different than operating a motor vehicle on the public streets or highways. It's best to have an attorney familiar with this area. Contact us with any questions. Get a free case evaluation as quickly as possible.
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