Moss Point Boating Under the Influence Lawyer

Moss Point Boating Under the Influence Attorney

Just as you are not supposed to drive while drunk or under the influence of drugs, you should also avoid operating a boat while intoxicated. When you boat while drunk, you risk causing an accident and may be charged with boating under the influence (BUI). If this occurs, contacting a Moss Point boating under the influence lawyer can help you handle the situation.

Miller Law Offices: Your BUI Lawyers

Miller Law Offices offers experienced boating under the influence attorneys for the people of southern Mississippi. Our services cover Moss Point, Pascagoula, Ocean Springs, Pass Christian, and more. Our years working within the Mississippi legal system make us knowledgeable in the minutiae of maritime law.

Boating Under the Influence Laws in Mississippi

Mississippi has strict BUI laws. If a police officer suspects you of being under the influence, they may ask you to take a breathalyzer test. This allows the officer to determine your blood alcohol content (BAC). According to MS Code § 59-23-5, a condition of your right to operate a boat in Mississippi waters is the automatic consent to testing BAC. If your BAC is 0.08% or higher, you will be arrested.

Boating under the influence is not just about boating while drunk. If you are under the influence of drugs, you can also be arrested for BUI. These drugs include your typical illegal or illicit drugs, such as marijuana or cocaine, but you can also be charged with boating under the influence while using legal medication.

Certain prescription or over-the-counter medications cause drowsiness or impaired ability when taken. When a medication warns you not to operate heavy machinery after taking it, that warning also includes boating. If you take a medication that may affect your ability to operate a boat, do not go out on the water, or allow another licensed boater to operate the vessel.

Mississippi takes boating under the influence very seriously. In the U.S Coast Guard 2024 Recreational Boating Statistics report, Mississippi boasted only 20 boating incidents over the course of the entire year. Of these 20 incidents, the state reported only a single death. This can be attributed to the strict enforcement of anti-intoxication laws regarding boat operation.

Accidents Caused by Boating Under the Influence

Many boating under the influence charges are filed after an incident caused by the boater’s intoxication. According to the U.S Coast Guard, the most common boating accident in Mississippi in 2024 was collisions with fixed objects. These incidents made up 30% of boating accidents in Mississippi that year. Boating under the influence can cause other accidents, including:

• Collisions with other vessels
• Capsizing
• A fire or explosion onboard
• Running aground
• A person falling overboard

When an accident occurs while on local waters like the Pascagoula River, it is important to call 911 and seek help. Do not avoid contacting the authorities out of fear of a BUI charge. Not only could this further endanger others, but it could also lead to further criminal charges. It is better to challenge a misdemeanor boating under the influence case than a felony charge involving the death of another.

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BUI Penalties After a Conviction in Mississippi

If you are found guilty of boating under the influence in Mississippi, you may face a range of penalties depending on whether or not your charge involves an accident and the severity of said accident. A lethal capsizing would likely face more severe penalties than a low-damage collision with a fixed object.

Penalties for a boating under the influence conviction can include hefty fines, the suspension/revoking of your boating privileges, and/or a prison sentence. A severe accident caused by intoxication can permanently change your life. An experienced Moss Point boating under the influence attorney can help you mitigate these penalties or advocate your innocence in court.

Moss Point BUI cases are handled by the Jackson County Justice Court, located at 1720 Telephone Road, Pascagoula, Mississippi.

FAQs

Can You Drink Alcohol on a Boat in Mississippi?

If you are piloting a boat in Mississippi waters, you are not allowed to drink alcohol or be under the influence of any substances. Boating under the influence is illegal and treated as seriously as driving under the influence. This restriction does not apply to passengers. If you are not the operator of the boat, you can drink alcohol on board. At that point, you cannot resume control of the vessel until you are sober.

Can I Refuse a Breath or Chemical Test on the Water in Moss Point?

It is always possible to refuse a breath or chemical test in Moss Point, but doing so can result in immediate, automatic penalties due to the state’s implied consent law. Penalties can include suspension of your boating privileges, and the refusal can be used against you in court to suggest guilt.

What Is Considered Intoxicated on a Boat?

According to the Mississippi Alcohol Boating Safety Act, you are legally considered to be intoxicated while boating if your blood alcohol content is 0.08% or higher. You can also become intoxicated under the influence of various drugs, both legal and illegal. To avoid a BUI charge, do not operate a boat if you’ve consumed alcohol or any impairing drugs.

Why Does One Beer Equal Three on a Boat?

Drinking one beer on a boat can have the effect of three beers thanks to a phenomenon known as boater fatigue. Boater fatigue occurs after four hours on a boat, as the sun, wind, motion, noise, and vibration of boating can cause exhaustion equivalent to drinking a beer. Alcohol and drugs greatly increase the strength of boater fatigue and put those on board at risk.

Hire a Boating Under the Influence Lawyer in Moss Point

Boating under the influence is a serious charge that requires experienced legal advice. That’s why when you hire a boating under the influence lawyer from Miller Law Offices, we strive to provide quality service in your defense. Contact us today and see how we can help you navigate your BUI charge.

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