I got a DUI in my boat, what do I do?
It is important to contact an attorney that has experience helping people with specifically this type of problem. A BUI or Boating under the influence is a specific type of offense codified under the Harbor and Navigation H&N Code rather than the Vehicle Code (VC) that punishes a DUI.
Is a DUI in a boat, or BUI the same as a DUI in a Vehicle?
No, they are similar, but also have very specific difference as it applies to your DMV record, Drivers License, Insurance, and the defenses.
How do the Field Sobriety Tests apply to a BUI?
They may apply differently. Did you perform the tests in the sand on a beach, dry level parking lot, or on a boat that is rocking? Also, the FST manual talks about specific pre-detention detection that may vary on a boat. For instance, weaving is unlikely in a boat, along with crossing yellow lines. However, boating at a high rate of speed in a buoyed off no wake zone may provide probable cause for a stop. Another factor that may come into play is whether your equilibrium was altered because you were on a boat, rocking in the waves for several hours. It can take time to adjust to being on land again. The one-leg stand on a boat is markedly more difficult to perform, and may be rendered inapplicable to the prosecutions case for being impaired.
If you need help defending against a BUI, call Fresno Criminal Defense Attorney Jonathan Rooker for one of the nationals top DUI / BUI defense attorneys.
Boating Under the Influence: (BUI) Personal Experience: I have been involved in a boat and jet ski collision where alcohol was involved. One person lost their life. Countless other lives were altered. I was not the operator of either vessel, but tell you that several of the survivors and their families had their lives dramatically altered. I watched on as a life long friend was prosecuted, testified at his trial, and sat with his father while the jury was deliberating. Please, be safe on the water. Water is an unnatural environment for humans, and even what would be a relatively minor bump on the head in an auto accident can turn into a fatal accident on the water.