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:
