Bay St Louis Boating Under the Influence (BUI) Lawyer

Bay St Louis Boating Under the Influence (BUI) Attorney

While it is not illegal to partake of alcoholic beverages on a boat in the state of Mississippi, it is illegal to consume enough alcohol that you are operating a watercraft while impaired and under the influence of alcohol. When these incidents occur, an arrest on BUI charges can have devastating consequences, and you will want to ensure you have the legal assistance of a Bay St Louis boating under the influence lawyer like defense attorney Kyle Miller.

If you are charged and subsequently convicted of a BUI in the state of Mississippi, you can face many of the same penalties faced by those who are convicted of a DUI. The state prosecutors who are often involved in these cases take their jobs extremely seriously, and you deserve the assistance of an attorney who takes the protection of your rights and freedoms with just as much gravitas. With years of experience defending these charges, attorney Kyle Miller is the right choice for you.

Contact Now

Call For A Consultation
(228) 762-8912

Schedule A Consultation

What Is Boating While Intoxicated in Mississippi?

In Hancock County and the greater area of the state of Mississippi, the Mississippi Alcohol Boating Safety Act orders that individuals may not operate a watercraft boasting a 25-horsepower engine or higher while under the influence of drugs and/or alcohol. This act defines operating a boat under the influence of drugs and/or alcohol when that individual has a blood alcohol content level, or a BAC, of 0.08% or higher.

It is a common misconception that a BUI only relates to an individual who is impaired by alcohol or by marijuana, cocaine, or other illicit or illegal substances. However, this is not always the case. The law enforcement officer who conducts the boat stop and subsequent safety inspection can hand down a BUI charge if they believe you are operating the craft impaired by prescription medication or over-the-counter drugs such as something as simple as cough syrup.

When a law enforcement officer boards your watercraft, it is not always under the suspicion that you are operating your boat under the influence of drugs or alcohol. They can simply stop to ensure you have your boat registered and to look over your boating license. If they spot alcohol inside your watercraft, which by itself is not illegal, they may look for signs of impairment such as blurred vision, slurred speech, or jerky movements.

If they then decide that they do suspect you of a BUI, they can conduct certain tests to ascertain whether or not you are operating your vessel under the influence of drugs or alcohol. These tests can include certain field sobriety tests such as the one-leg stand test, the horizontal gaze nystagmus test, or the walk and turn test. They might also conduct a chemical test to determine your blood alcohol content level by collecting a blood, urine, or breath sample.

Miller Law Offices: Your Solid Legal Defense for Bay St Louis Boating Under the Influence Charges

At Miller Law Offices, BUI defense attorney Kyle Miller believes that all of his potential clients deserve a fair day in court and can work hard to gather and analyze the necessary evidence to build a solid defense strategy. He understands that individuals facing these kinds of charges are most likely feeling worried and uncertain over their future and they might not fully understand the charges that have been brought against them.

Kyle Miller is passionate about educating his clients on the charges they are facing and the legal proceedings that might come with these charges. He understands that one simple mistake should not dictate how the rest of your life goes and wishes to do whatever he can to mitigate the harm to your personal and professional life a Bay St Louis boating under the influence charge might have. With the necessary resources and experience at his back, he is ready to fight for you.

Common Penalties for Bay St Louis Boating Under the Influence Charges

There can be many legal repercussions and consequences if the state is able to successfully prosecute and convict a BUI charge. These penalties often depend on the nature of your BUI charge and if there were any aggravating circumstances, such as your act of boating under the influence of drugs or alcohol resulting in the serious injury or death of either a passenger or another individual in a different vessel or on shore.

The legal consequences and penalties for a Bay St Louis boating under the influence conviction can include the following:

• First Time BUI Charge: If you are convicted of a first time BUI charge, you can face a fine totaling anywhere between $250 and $1,000, become imprisoned for no more than 24 hours, and may be required to attend a mandatory boating safety education course provided by the Department of Wildlife, Fisheries, and Parks.
• Second Time BUI Charge: If you are convicted for a second time within a 5-year period for a BUI charge, you can face fines totaling anywhere between $600 and $1,000, become imprisoned for no less than 48 hours, and no more than one year, face having to perform community service of at least ten days to one year, and not be allowed to operate a watercraft for one consecutive year.
• Third Time BUI Charge: If you are convicted a third time within five consecutive years for a BUI charge, you can face fines totaling anywhere between $800 and $1,000, become imprisoned for no less than 30 days and no more than one year, and will be unable to operate a watercraft for at least two years.
• Fourth Time BUI Charge, or More: If you are convicted four or more times within a 5-year period for a BUI charge, this offense will be considered a felony, and you can face fines totaling anywhere between $2,000 and $5,000, become imprisoned for no less than 90 days and no more than five years, and will not be allowed to operate a water vessel for up to three years.
• Additionally, if the individual operated the vessel under the influence of drugs or alcohol and their actions directly result in the death of another individual or the mutilation, disability of, or disfigurement of another individual’s eyes, lips, tongue, nose, or any other member of their body or limb, they shall be convicted under a felony offense and committed to the Department of Corrections for a time not exceeding ten years.

Personal Repercussions for a BUI Conviction in Bay St Louis

Unfortunately, the penalties you face do not just come of a legal nature. You can also face plenty of personal repercussions and consequences that will affect your daily life and ability to continue your normal activities. You may face damage to your personal and professional reputation. It is possible to also lose your boating license, which, depending on your profession, might impact your ability to work and earn a wage.

A successful BUI charge conviction can also result in you having to deal with higher insurance rates and the loss of certain licensure or professional certifications. When these events occur, it is imperative that you hire the assistance of a Hancock County boating under the influence attorney who can fight to ensure your personal rights and life are affected as little as possible.

Common Injuries That Can Result From Boating Under the Influence

There are many serious injuries that can result from an accident due to boating under the influence. If successfully convicted of the BUI, these charges can result in some of the more serious penalties. These injuries typically can include:

• Injuries to an individual’s spinal cord
• Drowning and subsequent death or other health conditions
• Traumatic brain injuries
• Broken bones or fractures
• Amputations, either during the accident or deemed necessary by medical professionals
• Joint dislocation
• Serious head, neck, or back injuries

Common Accidents That Can Occur When Boating Under the Influence

There are many accidents that can happen as a result of an individual operating a boat while under the influence of drugs or alcohol. Each of these kinds of accidents can become serious and end in the severe injury or death of another individual. The most common accidents that can occur due to boating under the influence include the following:

• Capsizing: When the driver of the boat loses control of the vessel, and it tips or rolls upside down, casting individuals off into the water where they might drown or strike their heads against other objects and sustain devastating damage.
• Grounding: When the vessel runs aground on shores, sandbars, rocks, shoals, or coral reefs. This can lead to possible injury to those individuals on board the vessel from the sudden impact.
• Colliding with Another Water Vessel: When an individual is operating a boat under the influence of drugs or alcohol, they can have a slower reaction time or blurred vision, which can cause them to collide with another vessel on the waterways, leading to the possible injury or even death for individuals on board their boat or on board the other.
• Colliding with Stationing Objects: Blurred vision and slower reaction time can also result in the individual operating the boat under the influence of drugs or alcohol colliding with stationary objects such as docks, piers, buoys, or pilings.

The impact might throw passengers from the boat and into the water or can throw them to where they might strike against an object either inside or outside of the boat and suffer devastating and even fatal injuries.

Potential Defenses for a BUI Charge

At Miller Law Offices, defense attorney Kyle Miller is ready to work hard to ensure he has done everything he can to build you a strong defense strategy for any Mississippi BUI charge. He can analyze any evidence, talk with any eyewitnesses, and consult with local experts who can assist in building his defense. Common defenses for a BUI charge in Bay St Louis and the greater Hancock County area can include the following:

• Defense attorney Kyle Miller can question the accuracy of the field sobriety tests that were performed or any chemical tests that might have been enacted
• He can demonstrate that there was a lack of impairment on the part of the individual charged with the BUI
• Defense attorney Kyle Miller can question the reasoning for why the law enforcement officer stopped the vessel in the first place and question its legality
• He can present counter-evidence against the prosecution

Out-of-State BUI Charges

Many states in the country participate in an interstate compact which allows them to share information about both DUI charges and BUI charges when a resident of one state is charged and convicted of a DUI or BUI in a different state. Mississippi follows this compact. This means that if you are charged and convicted of a BUI in the state of Mississippi, you can potentially face legal penalties in both the state of Mississippi and the state in which you actually reside.

Contact a Trusted Bay St Louis Boating Under the Influence Lawyer Today

If you or someone you love has been charged with boating under the influence of drugs or alcohol in Bay St Louis, Mississippi, or in the greater Hancock County area, there is no time to waste in retaining the counsel and representation of an experienced and trusted Bay St Louis boating under the influence lawyer like defense attorney Kyle Miller. With the resources necessary to fight these charges, Kyle Miller is prepared to do whatever he can to protect your rights.

Contact Miller Law Offices today to learn more information on how defense attorney Kyle Miller can assist you and to schedule a consultation. Let Kyle Miller review the unique details and circumstances of your case, look over the evidence brought against you, gather his own evidence, and begin to build you a solid defense strategy that can hold up in a court of law. He understands that this is a disconcerting time for you and wants you to know you are not alone.