You do not have to be driving on the road to face a DUI charge. If you drove a boat while intoxicated, you could be charged with driving under the influence or boating under the influence (BUI). No matter the exact name of the charge, you could be facing serious penalties, usually those for a misdemeanor or a felony offense. Before you get behind the wheel of a watercraft, it is vital to understand what the law prohibits. While the exact penalties will depend on the state, it is also important to understand what you might face if you have already been charged with boating under the influence.
It does not make a difference whether someone was under the influence of alcohol, prescription drugs, or cocaine. These are all BUI offenses, and someone could get a BUI for driving a speedboat, jet-ski, or any watercraft while intoxicated. With driving under the influence of illegal drugs, however, you might face additional charges, such as drug possession.
It is possible to receive a BUI even if an accident did not occur, of if you did not perform any illegal maneuvers. This is if your blood alcohol content (BAC) is above the legal limit. You do not even have to be drunk to be charged however. If your BAC is below the legal limit, you might still be arrested for boating under the influence if you are deemed to be impaired.
A charge of boating under the influence means that you are looking at a misdemeanor or a felony. Not every state has felony charges for a BUI, but if someone does face a felony BUI charge, then it likely means that the impaired driver caused an accident that caused injuries or fatalities.
Again, it will vary according to state law, but any charge could lead to incarceration. For a misdemeanor charge, you could be looking at as much as a year in jail. For a first offense especially, the sentence would probably lighter. In some states, the maximum sentence would be 90 days for a BUI. If you are charged with a felony BUI, however, you could be facing a prison sentence, one that lasts longer than one year. As for fines, this too is up to the laws of the state. In general though, a fine for a misdemeanor BUI could be $1,000. Fines for a felony BUI could easily entail $2,500, if not more. A lot of this will be in the discretion of the court.
If you are convicted of boating under the influence, then you will probably receive a sentence that includes probation. While this means you might not serve any time in confinement, you still have restrictions on your freedom. Probation will last for no less than a year in most cases. Usually, the terms of your probation will involve having to report to your probation officer as well as submitting to drug and alcohol tests at random times. You may also have to perform community service. You cannot commit any further crimes. If you are found to have violated your probation, in any of its terms, your sentence could be extended, and you may receive other penalties. You might have to serve your sentence in jail or prison.
On top of any of these criminal penalties, you could face further restrictions. These include have your boating privileges suspended. This will usually mean going without your boating privileges for 30 days, but you could be looking at 90 days' suspension or more. Perhaps worst of all is that you would receive a criminal record. This record could shadow your every job, housing, and loan application. Do not let a charge turn into a conviction. Get a trusted DUI attorney on your side today!