Boating Under the Influence (BUI) offenses are handled much like
DUI offenses in that a conviction can mean harsh penalties. Federal
law dictates that violators are subject to a civil penalty not to
exceed $1,000 or a criminal penalty not to exceed $5,000, one year
imprisonment or both. Depending on the state, you can also lose
your driving privileges ashore.
What's more, depending on state regulation, law enforcement officials
may board a vessel with or without probable cause. For example,
probable cause is needed in Pennsylvania and New Jersey, but in
Delaware officials may make random BUI inspections aboard a vessel.
Acceptable blood alcohol levels are usually under 0.10 (0.08 in
some states). That means if the amount of alcohol in the blood of
a boat operator, in conjunction to body weight, is 0.10 or more
they are legally drunk.
Sometimes it is difficult to know how much alcohol is legally too
much to be operating a vessel. A good idea is to invest in a blood
alcohol reader to keep aboard your boat.
Remember, it takes about an hour for a 12-ounce beer or an ounce
of hard liquor to leave the body. If you must drink, do so responsibly
and use a designated driver if you have had more than the legal
limit of alcohol while operating watercraft.
If you are going to drink on the water and want to reduce your
chances of being stopped and inspected by law enforcement officials,
consider the following tips:
Do not be an aggressive driver, speed or make fast turns.
Reduce your speed in no-wake zones.
Make sure your vessel meets state equipment guidelines.
Carry and/or use required safety equipment such as life preservers.
Ensure that boat registration numbers and seals are properly
applied and easily visible on both sides of the stern.
It doesn't hurt to maintain an attractive, clean vessel and
to store unused gear appropriately.
Boating, fishing and other water sports are fun in their own
right but alcohol can turn a great day on the water into the tragedy
of a lifetime. The United States Coast Guard recommends these
alternatives to using alcohol while afloat:
Take along a variety of cool drinks, such as sodas, water, iced
tea, lemonade or nonalcoholic beer.
Bring plenty of food and snacks.
Wear clothes that will help keep you and your passengers cool.=
Plan to limit your trip to a reasonable time to avoid fatigue.
Remember that it's common to become tired more quickly on the
water.
If you want to make alcohol part of your day's entertainment,
plan to have a party ashore at the dock, in a picnic area, at
a boating club, or in your backyard…. Choose a location where
you'll have time between the fun and getting back into your car
or boat. \
If you dock somewhere for lunch or dinner and drink alcohol
with your meal, wait a reasonable time (estimated at a minimum
of an hour per drink) before operating your boat.
If you are planning to drink, be sure to have a qualified "designated
driver" who does not drink as the boat operator. Better yet,
have two designated non-drinking operators, in case of emergency.
Having no alcohol while aboard is the safest way to enjoy the
water - intoxicated passengers are also at risk of injury and
falls overboard. Spread the word on the dangers of BUI. Many recreational
boaters forget that a boat is a vehicle - and that safe operation
is a legal and personal responsibility.
Maintain an attractive clean vessel and store unused gear appropriately.
You may want to try Heller Glanz Boat Maintenance Products to
help you keep your boat in tiptop shape. Heller
Glanz products are designed to protect and maintain a boat's
lustrous shine and refresh boat hardware and gear.
If you find that your vessel is about to be boarded and that you
may be subject to a BUI citation, consider the following:
In some states, such as Pennsylvania, simply refusing to submit
to BUI testing can result in your boating license being revoked
for a year.
Refusing to take a Breathalyzer test can give prosecutors ammunition
should you be cited, then attempt to fight a BUI ticket.
Some defense attorneys have better odds challenging the chemical
results of a Breathalyzer test or how it had been administered
than they do defending a client's decision to refuse the test.
Another strategy used by defense attorneys is to challenge a
law enforcement official's ability to prove who was driving the
craft when several passengers aboard, should the operator leaves
the boat's steering wheel prior to boarding by officials. This
strategy can sometimes result in reduced charges (based on the
owner's serving of alcohol to a member of the crew while under
the influence).
Should you be cited for BUI, your chances of fighting the charge
may ultimately rely on the expertise of a lawyer. There are criminal
defense attorneys that specialize in BUI and DUI cases. You can
easily locate such an attorney in your area through a number of
online resources. Most Web sites will perform a search for the location
you provide, then offer you a selection of specialized attorneys
to choose from who are in your area. Two such Web sites that offer
convenient attorney search capabilities are lawyershop.com
and lawyers.com.
Penalties for BUI conviction can result in fines from $250
to $5,000 and/or imprisonment for three months.
You can also lose your boating privileges for up to a year.
In some states, motor vehicle driver's licenses are revoked
upon conviction of BUI offenses. In New Jersey, for example, a
BUI conviction will result in the loss of your motor vehicle driver's
license for at least 90 days.
Smart boaters maintain an attractive clean vessel and store unused
gear appropriately. 3M, Meguiar and other major companies offer
quality products designed specifically for marine maintenance. One
such company is Heller Glanz.
Check out the following list of Premium Marine Maintenance Products:
