Hancock County Boating Under the Influence Lawyer
Hancock County Boating Under the Influence Attorney
While most people have heard of driving under the influence, not many understand that boating under the influence is against the law as well. Due to the danger that boating under the influence can pose, Mississippi has consequences similar to a DUI. If you’ve been arrested for boating under the influence, then hiring a Hancock County boating under the influence lawyer can improve your outcome.
In Mississippi, a BUI is a criminal offense, so you need someone on your side who knows how to not only protect your rights but also fiercely represent you in court.
Miller Law Offices Is Experienced
Kyle Miller at Miller Law Offices is dedicated to helping defend those facing DUI charges and has joined the National College for DUI Defense, where he works with others to raise awareness about issues surrounding DUIs. He has years of experience and is passionate about protecting your rights as a boater and a citizen.
Hancock County Boating Under the Influence Laws
Around half of all boating accidents are due to boating under the influence. The Mississippi Department of Wildlife, Fisheries, and Parks Law Enforcement Division is responsible for enforcing the Alcohol Boating Safety Act. This act makes it illegal for anyone to operate a watercraft over 25 horsepower or jet skis while the following is true:
- They are under the influence of intoxicating liquor.
- They’re under the influence of another substance that can impair their cognitive ability, including recreational or prescription drugs.
- Their blood alcohol concentration is at or exceeds .08%.
If a law enforcement officer suspects you of boating under the influence, then they might require a chemical test, which can be done either by breathalyzer, urine, or blood. They have three hours from the time of suspicion to test for it.
Possible BUI Penalties
The US Coast Guard estimates that around 800 people per year are involved in fatal boating accidents and that the annual boating accident property damage is around $240 million. Because of this, Mississippi takes boating under the influence very seriously.
Penalties for boating under the influence in Hancock County vary by circumstance but generally include:
- First-time offenders could be fined between $250 and $1000, receive jail time for up to 24 hours, and be mandated to take a boating safety course.
- Second-time offenders (within five years of the first offense) could be fined between $600 and $1000, receive jail time between 48 hours and 1 year, be sentenced to community service, and be banned from operating watercraft for up to one year.
- Third-time offenders (within five years) could be fined between $800 and $1000, receive a sentence of 30 days to one year of jail time, and be banned from operating watercraft for up to two years.
- A fourth offense is more intense and carries a felony conviction with a $2000 to $5000 fine, between 90 days and five years in state prison, and a three-year ban from operating watercraft.
These penalties can not only dramatically affect your life, but also your reputation and your ability to get a job in the future. It’s crucial that you speak to a Hancock County boating under the influence lawyer about your options.
Hire a Boating Under the Influence Lawyer
A well-experienced boating under the influence lawyer can guide you through these charges and work tirelessly on your behalf. A BUI lawyer can represent you at the Hancock County Courthouse on Main Street and work with your specific circumstances to figure out how to defend you against a BUI claim. Possible defenses include:
- Challenging the probable cause. If the officer didn’t have probable cause to stop the boat, then the evidence they collected could be inadmissible in court.
- Broken or inaccurate field sobriety tests. Sometimes the field sobriety tests are inaccurate. A BUI lawyer can question the test results or how the officer submitted the test.
- Too much time between the stop and the test. Because blood alcohol concentration rises over time, a BUI lawyer could argue that the time between driving the vessel and the test was too long and was, therefore, inaccurate. Officers have three hours from the stop to administer the test.
A Hancock County boating under the influence lawyer could develop a strong legal defense and potentially get your charges dismissed altogether or help lessen the penalties. A conviction can follow you around for years, increase your insurance rates, and impact your quality of life. Working with a BUI lawyer like Kyle Miller can help protect your future.
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FAQs
What Is the BWI Law in Mississippi?
The “Alcohol Boating Safety Act” makes it illegal to operate a vehicle while under the influence in Mississippi. This applies to motor vehicles on public waters that have at least 25 horsepower or jet skis. If you operate a boat on Mississippi waters, that means you give implied consent for a chemical or blood test. Conviction of a BUI can lead to fines, jail time, and being banned from operating watercraft.
Can Local Law Enforcement Issue a BUI?
Usually, the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) is responsible for enforcing the BUI laws. Any law enforcement agency has the ability to arrest someone if it suspects they are boating under the influence. Random boating safety checks are often where BUIs are discovered, which is why the MDWFP usually enforces the law.
Can You Drive a Boat With a DUI on Your Record?
If you have a DUI on your record, then your ability to drive a boat or other watercraft will depend on the jurisdiction and the type of conviction you received. Operating any vehicle while under the influence can cause serious harm to people and property. A person convicted of a DUI may not be allowed to operate a boat or other watercraft. If you have questions about whether this applies to you, speak to an experienced Hancock BUI lawyer.
Which Agency Is Responsible for Regulating the State Boating Laws in Mississippi?
While any law enforcement agency can regulate the state boat laws, the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) is generally responsible for making sure that the laws are followed. Most BUIs are discovered through random safety checks on boats, and that is usually their jurisdiction. The MDWFP is responsible for promoting safe outdoor recreation in Hancock County, Mississippi.
Contact Miller Law Offices Today
If you are in need of a Hancock County boating under the influence lawyer, look no further than Miller Law Offices.
He understands how to help you and can tailor his experience to your specific BUI case, your circumstances, and your needs. He works to defend those who face life-altering consequences and can provide you with the support and representation that you need.
Don’t wait to get help. Contact the Miller Law Offices today to schedule a consultation.
Hancock County Boating Under the Influence Lawyer Reviews
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