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BOATING UNDER THE INFLUENCE OF INTOXICANTS
Boating Under the Influence (BUI), is among those offenses regulating the consumption of alcohol while operating a motorized vehicle, and is becoming a more frequently charged offense here in Bellevue and throughout Washington State. Not surprisingly, most people conceptualize BUI as something far less than a DUI, and much of this perception is attributable to boating's character primarily as a leisure or recreational activity.
This notion is only reinforced by the law not prohibiting alcohol consumption. Rather, the law prohibits operating the vessel under the influence. In other words, it's not illegal to drink while boating! It's only illegal to do so, if your drinking reaches the level of intoxication.
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The vast majority of boaters are unaware of how environmental conditions while boating accelerate the effects of alcohol consumption. For example, boaters are typically exposed to conditions that increase dehydration, high noise levels, extreme sun glare, boat movements and vibrations, waves, and wind can all combine to exaggerate how intoxicated a person may feel. As a very broad rule: one beer on the open water equates to approximately three beers on land.
If that weren't enough, the open waters are generally less regulated, and monitored less frequently than our roadways. This leads to people thinking that the chances of a boat inspection are low, and the chances of arrest for consuming alcohol on the vessel is even lower. For the vast majority of people, boating is an activity enjoyed only two to three months out of the year, and of those three months, typically only on weekends. But, that perception is slowly starting to change here in Washington State, as authorities are granted more resources to regulate activity on Washington waterways.
Washington State's BUI statute, RCW 79A.60.040, is a gross misdemeanor, and has much of the same language as the DUI statute. If you are convicted of boating under the influence you could face a statutory maximum of 365 days in jail, and a $5,000 fine, as well as boating license suspension or revocation. However, unlike DUI, there are no mandatory minimum statutory requirements.
Most people intuitively know that if you drink, and your breath alcohol content is over 0.08, you can be arrested for DUI. The same concept applies to a BUI. But, most people don't know that you can be arrested EVEN IF you blew below a 0.08. When people are arrested on BUI in this situation, they're often angry, scared, and very confused. So how is this possible?
Washington State's BUI statute applies where anyone has consumed alcohol and "within two hours of operating a vessel" an alcohol concentration of .08 or higher. The statute also allows the police to arrest you if you "were under the influence of or affected by" alcohol or drugs.
The police often work backwards and say well if your breath test is showing a .07 now, it must have been higher before. Or, sometimes they will say even though your breath test was low, your ability to operate the vessel was "affected" to a certain degree. The natural reaction is to feel that this is not fair. Remember, this means that even if the police stopped your vessel, and you blew a .05, they could still arrest for BUI if the circumstances warrant it!
HOW CAN WE HELP?
The attorneys at Washington Criminal Attorneys understand how unfair and confusing this experience can be. We understand the emotions that run through our client's minds when they are arrested. Most of our clients are not career criminals. They are simply people that might have made a poor decision, and as the old adage goes, "bad things happen to good people." It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.
Most of our clients do not understand what they can and cannot do their boat is stopped by marine patrol, and unfortunately make the mistake of cooperating with whatever the officer asks them to do. This is not your fault! In fact, it is completely natural. We've been taught from a very young age to respect authority. But, most people do not understand that cooperating with the law enforcement usually only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience. In the boating context it is even more so. Most of our clients were on the waterways enjoying a day with family and friends, and therefore are not alone when marine patrol makes contact with the vessel. Along with the emergency lights, the isolation on the waterway, there is the additional factor of embarrassment in front of loved ones that only makes the experience worse.
When the marine patrol officer makes contact, they often ask you a series of questions that you've never encountered before, and in some circumstances the officer will ask you to perform bizarre and confusing tests. Then, the officer usually asks that you take a breath test, and most people comply. Again, you've been raised to respect police officers, and you thought that by participating, you could help yourself out. Unfortunately, that is not the case, but that doesn't mean that you can't fight back now.
We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether the police had any basis to pull you over in the first place. We will go over those field sobriety tests to make sure the officer conducted them property, and recorded everything accurately in the police report. We will verify the existence of actual evidence of intoxication, and pour through your arrest report for any inconsistencies, or exonerating information.
Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.
The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor's office without an attorney. They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don't make the mistake of handling your criminal charge alone.
Washington Criminal Attorneys will be there for you, and go to battle for your defense.