Boating Under the Influence Basics

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The U.S. Coast Guard warns that “alcohol is more hazardous on water than on land.” The federal law enforcement agency cautions that BUI regulations exist to prevent and minimize the possibility that an intoxicated person will operate a vessel on the water, reduce the threat of harm to oneself and others, and use criminal and civil laws to discourage operating a boat or watercraft while drunk or under the influence of narcotics. Federal and statute authorities can pull the operator of a boat or other watercraft over, just like on the highway or street if you are suspected of drunk driving. Different factors can affect a boat operator’s physical and mental abilities while on the water. These include heat, sun, noise, wind, glare, and the motion of a boat on the water for a long period of time. These factors are often referred to as ‘boater’s fatigue.’ If alcohol and drugs are also involved, one’s ability to safely operate a vessel on the water can be severely affected.

Law enforcement officials may also set up BUI checkpoints on the water, just like roadside DUI checkpoints, to question and check boat operators for Boating Under the Influence (‘BUI’). Some states do not even require ‘probable cause’ before law enforcement officials can board your boat. In Delaware, they can just do it.

Will address more Boating Laws in next blog posting……..

An experienced lawyer knowledgeable about defending DUI and BUI cases can help you know your rights and legal defenses to charges of boating while drunk.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Boating Under the Influence

 artictle from Findlaw by admin

                                  Summer Time……. Boats On The Water

 

States have drunk driving laws that were enacted to help keep drivers, passengers, and the community safe. But did you know that every state and the federal government have laws against Boating Under the Influence (‘BUI’) that allow law enforcement officials to stop boats and other watercraft, and make sure that boat operators and their passengers are safe enough to be allowed on the water?

Being charged with BUI can put your legal freedom at stake, and have serious financial consequences. You could have a criminal record, face jail time, incur heavy monetary fines, and face increased boater and auto insurance rates.

A rise in alcohol and drug-related boating injuries and fatalities prompted state legislatures to enact BUI laws. Over half of all boating accidents involve alcohol or drugs, and alcohol is the leading contributing factor in fatal boating accidents, according to the Insurance Information Institute. The U.S. Guard reports that BUI incidents increase boating fatalities by approximately thirty-four (34%) percent.

Whether you operate a fishing boat, sailboat, yacht, personal watercraft, or sailboard, you could be charged with BUI. Just like driving under the influence (‘DUI’), legal penalties can range from civil fines and the forfeiture of your boating license, to prison time in criminal cases for causing a death while boating under the influence of alcohol or drugs.

Since boating accidents and injuries rise dramatically when the weather is warmer, it is important to annually review boating safety requirements, and know how boating while intoxicated (‘BWI’) and BUI laws and regulations affect you.

We will discuss more laws on Boating in next blog

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.