Biloxi Boating Under the Influence Lawyer

Biloxi Boating Under the Influence Attorney

There are few things more enjoyable than spending a day out on the ocean or a local lake with your friends and family, but boats can also be dangerous. As with land-based motor vehicles, it’s illegal to operate a watercraft while under the influence of alcohol or drugs. If you’ve been charged with this crime, you can work with a Biloxi boating under the influence lawyer to have your charges dropped or reduced.

Trust Miller Law Offices

Kyle Miller, the founding attorney at Miller Law Offices, has experience as both a criminal defense attorney handling BUI cases and a county prosecutor. This experience gives him a unique perspective on the criminal justice system, allowing him to provide skilled representation for clients facing boating under the influence charges. Let our team help you get a positive outcome in your case.

Why Hire a Boating Under the Influence Lawyer?

In 2022, there were 11.9 million registered boats in the United States. There are over 225,000 acres of lakes and reservoirs that boaters enjoy in Mississippi. Unfortunately, some boaters also love to drink, and that can be a dangerous combination. Alcohol use accounted for 17% of all boating fatalities in 2022, more than any other cause.

The danger associated with boating while intoxicated doesn’t stop everyone from drinking before getting behind the wheel of their watercraft. If you’ve been charged with a BUI, you need to hire a boating under the influence lawyer who can help you understand the charges being brought against you.

They can analyze the evidence to construct an effective defense strategy. Even if your lawyer can’t get your charges entirely, they may be able to get them reduced. This is done by challenging the evidence collected against you. It could also include negotiation with the prosecutors to change the requirements of your sentence.

What’s Considered a BUI?

As with DUIs on dry land, BUIs are governed by a combination of blood alcohol content and perceived impairment. If your BAC is above 0.08%, you can be charged with a BUI. Even if it’s below that threshold, you could face charges if an officer deems you to be impaired.

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How People Get Caught for BUIs

The methods for detecting BUIs are similar to those used for on-land DUIs. However, there are some differences. Boats are unsteady surfaces and cannot be used for field testing in the same way as land-based motor vehicles. The evidence collected to prove you committed a BUI can include:

• The seated battery of standardized field sobriety tests. The SBSFST was developed in response to the fact that standardized field sobriety tests rely excessively on testing a person’s balance, which is compromised on a boat. The US Coast Guard and NASBLA developed the SBSFST to include similar eye movement and hand coordination tests to those used in road testing.
• Chemical breathalyzers. Law enforcement can use a two-stage approach for breathalyzer testing in BUI cases. Most officers carry handheld breath testing devices to provide quick BAC readings that can establish probable cause for arrest. These tests are generally inadmissible in court and must be accompanied by more sophisticated shore-based NHTSA-approved tests.
• Implied consent. If you’re out boating in the Gulf of Mexico or the Back Bay of Biloxi, you implicitly consent to Mississippi’s alcohol testing requirements. Refusing testing can lead to legal consequences.
• BUI checkpoints. As with DUI checkpoints, law enforcement can set up BUI checkpoints on the water. These allow officers to conduct random checks for impairment. Some checkpoints involve stopping every boat that comes through, while others stop people based on a set pattern. Law enforcement officers also patrol more frequently on weekends and certain holidays.

FAQs

Is Two Beers Enough to Get You a BUI?

Two beers can be enough to get you a BUI depending on several factors. If you are a relatively small person who drinks two beers in close succession, it could place you above 0.08% BAC. Even if you’re not above the BAC limit, you could still be charged with a BUI if an officer observes signs of impairment during field testing.

Can You Drink While Being on a Boat?

You can drink while being on a boat if you are a passenger over the age of 21 and are not operating the watercraft. You cannot drink on a boat that you are responsible for piloting. Mississippi’s Alcohol Boating Safety Act prohibits boaters from operating their watercraft with a BAC of 0.08% or higher. You can also be charged with a BUI with a lower BAC if an officer determines you to be impaired.

Is a BAC of 0.05% Drunk?

A BAC of 0.05% can mean you’re drunk, especially on a boat. While the legal limit for operating a watercraft is the same as that for operating a motor vehicle on land (0.08%), the effects of alcohol can be intensified on the water. Factors such as the heat, sun, increased noise, wind, and glare from the water can all make the intoxicating effects of alcohol worse.

Is BUI as Serious as DUI?

A BUI is as serious as a DUI in Biloxi, Mississippi. The boating under the influence penalties for first-time offenders are the same as those for a first-time DUI. You’ll face fines of between $250 and $1,000 and up to 24 hours of jail time, plus a boating license suspension for one year and mandatory boating safety courses. These penalties are comparable to what you would face for a DUI.

Your Biloxi Boating Under the Influence Lawyer

Boating under the influence is a serious crime. If you’ve been accused, you need a Biloxi boating under the influence lawyer who can give your case the attention it deserves.

When you work with Miller Law Offices, you’ll get the benefit of founding attorney Kyle Miller’s years of experience as both a criminal defense lawyer and a former prosecutor. We can help you beat your BUI. Contact us to schedule an initial consultation today.

Biloxi Boating Under the Influence Lawyer Reviews