Gulfport Boating Under the Influence Lawyer

Gulfport Boating Under the Influence Attorney

Boating under the influence (BUI) is not talked about as much as driving under the influence (DUI), but it’s still a serious criminal offense in Mississippi. If you’ve been accused of BUI, you need a Gulfport boating under the influence lawyer on your side to fight for your rights and help you try to beat your charges.

Trust Miller Law Offices

Kyle Miller has an extensive history of representing clients facing serious criminal charges, including BUIs. With experience as a former county prosecutor, the founding attorney at Miller Law Offices has an in-depth understanding of the legal system.

If you’re looking for a Gulfport boating under the influence attorney to help you fight your charges, you can trust our team to help.

Why Hire a Boating Under the Influence Lawyer?

Drinking while operating a watercraft is extremely dangerous. Alcohol use is one of the leading known contributing factors in boating deaths, causing 18% of fatalities nationwide. In 2023, alcohol use led to 79 boating fatalities out of a total of 564 boating-related deaths.

Most people aren’t thinking about these statistics when they pop open a beer behind the wheel of a boat. Whether you were aware of the risks or not, you deserve fair representation in your BUI case.

When you hire a boating under the influence lawyer, you improve your chances of getting your case dismissed. If that’s not possible, you can still likely avoid the worst outcomes of a BUI conviction.

BUIs vs. DUIs

The laws covering BUIs in Mississippi are similar to those regarding DUIs, as the offenses are also similar. Both involve operating a vehicle while impaired. Both have the same 0.08% BAC limit. Law officials even use similar methods to detect BUIs vs DUIs, including breathalyzers and chemical tests. Implied consent laws also come into play with both forms of impaired vehicle operation.

The primary difference, aside from the obvious one of vehicle type, between BUIs and DUIs is the field test used to detect potential offenders. The field tests for DUIs aren’t reliable on unstable boat decks, so officers use an established seated battery of standardized field sobriety tests (SFST) instead. The tests used are similar and include:

• Seated finger-to-nose tests
• Palm pats
• A hand coordination test

Finally, the penalties for BUIs vs DUIs are similar.

Kyle Miller

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Penalties for BUI in Gulfport

It doesn’t matter whether you’re caught boating under the influence on Big Lake or out on the Gulf. The penalties for a BUI in Gulfport vary based on whether it’s your first, second, third, or fourth conviction within a five-year period. Here’s what to expect at each stage:

1. First conviction. You’ll face a fine between $250 and $1,000 and up to 24 hours in jail. You’ll also have to complete a boating safety course.
2. Second conviction. Your fine will be between $600 and $1,000, and you can be placed in jail for 48 hours up to one year. Alternatively, you could receive a sentence including community service from ten days to one year. You’ll also lose your right to operate a watercraft for one year.
3. Third conviction. For a third conviction, you’ll face fines of $800 and $1,000 and imprisonment for between 30 days and one year. You’ll also lose your boating license for two years.
4. Fourth or subsequent conviction. If you get convicted a fourth or subsequent time, it is considered a felony offense. You’ll face a fine of $2,000 $5,000 and between ninety days and five years of prison time. You’ll also lose your right to operate a boat for three years.

FAQs

What Is the Penalty for Operating Under the Influence on a Boat?

The penalty for operating under the influence on a boat depends on whether it is your first offense or a subsequent offense. If it’s your first offense, you’ll face jail time of up to one day and fines of $250 to $1,000. You’ll also be required to complete a boating safety or alcohol education course. The penalties increase as the number of DUIs increases, to the point where a fourth offense within a five-year period is a felony.

What Is the Alcohol Boating Safety Act in Mississippi?

The Alcohol Boating Safety Act in Gulfport, Mississippi makes it illegal to pilot a watercraft while under the influence of alcohol or any other intoxicating substance. It sets the penalties for BUI on public waters depending on whether it’s your first offense, in which case you’ll face up to one day in jail and fines of up to $1,000, or a subsequent offense. Fourth-time offenders can face prison time of up to five years under the Alcohol Boating Safety Act.

Is BUI Similar to a DUI?

BUI is similar to a DUI, except it takes place on a boat. The same blood alcohol limit of 0.08% BAC applies, and similar enforcement methods are used. Boating under the influence is identified with sobriety tests and breathalyzers. Boating under the influence penalties include jail time, fines, license suspensions, and mandatory alcohol education courses, much like those for DUIs.

What Is the New Alcohol Law in Mississippi?

The new alcohol law in Mississippi is HB 91, which is still under review. If passed, HB 91 would end dry counties, making it legal to sell alcohol in all jurisdictions. If this law passes, it could make obtaining alcohol easier, impacting boating safety. New laws are regularly introduced at the state and federal levels that can affect BUI charges. This increases the need for a reliable BUI attorney to stay current on legal advances.

Your Gulfport Boating Under the Influence Lawyer

Much like driving under the influence, boating under the influence is a serious crime. If you’ve been arrested, you should hire a Gulfport boating under the influence lawyer as soon as possible. You can trust Miller Law Offices to help.

Our team has practiced law for years. In that time, we’ve handled many BUI cases and can help you with your charges. Contact us to schedule an initial consultation today.

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