Sep 06
Beers While Boating? A BUI Might Make You Think Again
by Lewis & Laws
Beers While Boating? A BUI Might Make You Think Again
Nothing says “summer in Seattle” like a day spent on the lake, tossing back a few brews and catching some rays with friends. But if you’re lucky enough to have a friend with a boat, you may not want to push your luck when it comes to drinking and boating. Though it may seem harmless enough, boating under the influence (BUI) is actually a pretty serious crime—and one that Seattle and Washington state police take very seriously.
Much like driving under the influence, a BUI is considered a serious offense, and boaters who are arrested—there are hundreds each year—may be prosecuted harshly. And while the vast majority of boaters are simply issued a warning, boaters and their passengers should be cautious and aware of the real risks of operating a water vessel under the influence of drugs and alcohol.
What Makes a BUI
Boating under the influence is, simply defined, the act of operating a water vessel while intoxicated by drugs or alcohol. An individual may face criminal charges if the following circumstances apply:
- The boat operator shows that their blood alcohol content (BAC) is .08% or above
- The boat operator is impaired due to intoxication by alcohol (regardless of BAC)
- The boat operator is impaired due to intoxication by drugs
That means that the excuse that it’s “just one beer” doesn’t really matter; if a Coast Guard officer or member of the Seattle Police determine that you’re impaired, you can still be arrested for a BUI.
In the last several years, drugs have been a key component in BUI prosecution. Despite marijuana’s legal status in Washington State, boating under the influence of cannabis is still very much illegal. And though it’s harder to prove that a person is under the influence of marijuana, local police do have ways of determining whether or not someone is intoxicated.
It’s also important to point out that BUIs aren’t necessarily limited to motor boats or other higher-speed vehicles; a “water vessel” can mean any number of vehicles, motorized or otherwise, and it’s largely up to the discretion of the officer.
Why BUIs Are So Serious
Though driving a boat may not feel like as much of a task as operating a car on a busy Seattle street, the fact of the matter is that water accidents—including accidents caused by intoxicated boaters—kill hundreds of people each year. And, according to the Coast Guard, a major factor is the environment around boating.
“Alcohol is even more hazardous on the water than on land,” according to the USCG’s boating safety website. “The marine environment motion, vibration, engine noise, sun, wind and spray accelerates a drinker's impairment. These stressors cause fatigue that makes a boat operator's coordination, judgment and reaction time decline even faster when using alcohol.”
Additionally, they note, many boaters simply spend less time practicing their boat-operation skills than drivers, which makes them more likely to cause an accident when under the influence.
If You’ve Been Charged with a BUI in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws
The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!