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Did you know that more than 5,000 boating accidents occur each year in the U.S.? 

According to USCG Boating Safety, alcohol use is consistently identified as the primary factor in fatal boating accidents, often exceeding 15% of total fatalities. A Boating DUI is when someone steers a boat while under the influence of alcohol or drugs. The law treats it seriously, just like drunk driving in a bus or car.

Boating DUI lawyer David Lish says that penalties for a first offense include potential jail time, mandatory alcohol screening, fines, surcharges, and community service. Jail time can often be partially suspended, requiring at least one full day served.

This article will help you learn about the different kinds of penalties you might face and the various ways in which a lawyer can defend your rights.

Understanding BUI Penalties by State

Boating under the influence or BUI laws are not uniform in all states. Penalties for BUI differ in all states, including but not limited to fines, jail terms, and license suspensions. 

These distinctions mean that a first offender can be treated differently in each state. Some states tend to treat the matter in a relatively lenient manner. Harsh penalties apply if a state chooses to set a legal limit for blood alcohol concentration.

Recurrent criminal acts come with more severe monetary penalties and imprisonment on the part of the criminals. Understand your state’s laws and save yourself from sudden legal complications. 

Awareness of valid boating laws makes it possible for you to remain safe while on the water.

Common Factors Influencing Sentencing

When sentencing someone for BUI violations, the terms of the judgment can be different in many ways. These factors will be accounted for by the court when they come up with the penalties for a specific case.

High blood-alcohol concentration offenders can face severe penalties. The existence of previous convictions can influence sentencing. BUI or DUI records only aggravate the fines and lead to longer jail terms.

Causing injury or damage to property can aggravate the situation and make matters worse for the offender.

Can you get a DUI on a paddleboard? Many laws define any vessel used on water as covered under boating rules. That means laws for drinking and boating can apply to paddleboards too.

The jurisdiction acts as a barrier to varied outcomes since both states have different laws and punishments. Showing cooperation can help you receive a more lenient sentence.

Potential Legal Defenses Against BUI Charges

If you understand the factors influencing sentencing, you can identify possible defenses from BUI charges. One of the primary defenses is an illegal stop. Law enforcement authorities need to have a probable cause when stopping any vessel. Any evidence found during an illegal stop will be deemed inadmissible.

Another defense is contesting the accuracy of a breathalyzer and other testing equipment. You can challenge the results if the machine was out of calibration or not maintained.

You could also claim that your condition was unimpaired and that you were operating the boat safely. Your argument can focus on the absence of any medical conditions or that you did not take any prescription drugs that might interfere with normal boating operations.

You should consult a competent lawyer who will walk you through these options in detail.

The Role of Field Sobriety Tests in BUI Cases

The field sobriety tests (FSTs) are important for BUI cases since the police must determine impairment on water. The officer may direct you to walk an imaginary line or even balance on one leg while stopped. 

The tests are intended to check motor skills, balance, and cognition. Your overall assessment may heavily weigh upon the officer’s decision for a BUI arrest; poor performance will mean a sign of impairment to them. 

Environmental factors and personal states of being might be detrimental to performance. Conduct research on what FSTs are about and the possible outcomes of taking part in these kinds of tests during a boating stop.

Dealing with the Aftermath of a BUI Charge

Protecting your rights and future is the most important step after facing a BUI charge. One thing you can do is contact a boating law attorney. They will be able to explain different options to you by taking you through the legal process.

Try to construct a defense. Get anything that might help you in your case, such as witness statements or video recordings, to assist with your defense.

You should also know when you can file an appeal or other motions. Don’t talk about your case on social media since it could be used against you.

To show that you really want to learn how to boat safely and maybe get a lighter punishment, you could choose to take a boating safety and alcohol course.