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Boating Under the Influence - BUI

Each year boaters on Lake Washington and other surrounding waterways enjoy the pastime of riding the waters with friends and family on their boats.  This is most true at functions such as SeaFair.  Many of those boaters often enjoy beverages while out on the lake for many hours, whether it be a cold beer or cocktail.  That enjoyment is socially acceptable and, even, expected while on a boat soaking up the sun, but did you know that you can be subject to arrest and processing for the “operation of a vessel under the influence?” This charge is also known as Boating Under the Influence (BUI).
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This little known statute (RCW 79A.60.040) is being heavily enforced by patrol groups made up of Washington State Patrol Troopers, Sheriff’s Deputies and local law enforcement.  These groups prowl the waters looking for seemingly innocuous violations to form the basis for contact with a boat (e.g. “wake violations” “sitting on the hull”, etc.).  Once contacted, you are processed and treated in the same manner as an individual contacted for investigation of drunken driving.  The officers will ask you to perform “voluntary” field tests to determine your “impairment.”  Be advised that these are voluntary and you may decline to participate without any implication upon you in either a civil or criminal hearing.  You may also be asked to participate in a sampling of your breath taken on the same machines used in drunk driving cases.  You are under no obligation to participate in this breath testing either, and unlike a driving offense, as there is no license provided with respect to operation of a vessel (and no implied consent) you are not obligated to take the breath test (caveat: there could be potential Coast Guard implications if you refuse a breath test, but it could not be used against you in a criminal matter). 

Operating a vessel under the influence is never a good idea and certainly the Webb Law Firm does not condone such behavior, but be advised that these patrol groups are out there and will surreptitiously attempt to have you provide evidence against yourself if you are suspected.  Most officers, once they see that there is drinking on the boat, will pursue charges against the driver, even if the operator of the vessel isn’t drinking or seated behind the steering wheel – I have seen it time and again.  Please contact the Webb Law Firm if you have been the subject of a BUI. 

BUI Penalties – The operation of a vessel under the influence is a simple misdemeanor in Washington State with no mandatory penalties or license implications; however, the maximum penalty is 90 days in jail and/or a $1000.00 fine.  BUI is a relatively new charge, but it is being fiercely pursued by law enforcement on local waters.

Contact Nathan L. Webb today for a free consultation.

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