Boating

Boating Under the Influence (BUI)

One of the many pleasures of living in Washington is our easy access to water and boating. People take their boats out upon Puget Sound, the Strait of Juan de Fuca, Lake Washington, and our many rivers. Many boaters to bring alcoholic beverages. When this is the case, it is important for all boaters to practice safe boating habits.

It is illegal in Washington to operate a boat or any other watercraft vehicle while under the influence of drugs or alcohol. Much like the driving of a motor vehicle, boating while under the influence employs the same per se limit of 0.08 percent. Once BAC reaches these levels, people lose their ability to maintain coordination, focus, alertness, balance, vision, and good judgment. Furthermore, certain factors inherent to boating, such as wind, sun, heat, vibrations, engine noise, and exuberance, can intensify the effects of drugs and alcohol.

Don't forget that boaters under the age of 21 will be arrested and charged with minor operating under the influence if their BAC level is above 0.02 percent. If you want to educate your family members on safe boating, don't drink alcohol on board. Boating safely means not drowning, which happens easily enough without alcohol consumption!

BUI Enforcement - State and Federal

Charges related to boating under the influence do not always fall under Washington jurisdiction. If you are boating close to shore, on a lake or a river in Washington, this will fall under State jurisdiction. Out on in the open water, it could become a federal offense. The US Coast Guard, who can be on any coastal waterway, take BUI boating very seriously.

When stopped on suspicion of boating while under the influence, whether State or Federal, it is important to note that just because you are under the "legal limit" does not mean you will not be arrested. In fact, there are circumstances where the officer may simply believe that you have had enough to drink where it is beginning to affect your normal faculties. There are many factors about simply being out on the water that can make it appear as if you are drunk, even when you're not. The heat can make you fatigued. This can make you more susceptible to alcohol, or cause symptoms that mirror intoxication. Other factors that arise from the marine-type environment, such as the motion and vibration of the boat, the sound of the engine, the wind, high state of vigilance - all can cause fatigue and enhance the effects of alcohol.

The U.S. Coast Guard warns that these stressors can also cause a boat operator to lose coordination, judgment and reaction time faster than someone who was drinking on land. This is made worse by the fact that boat operators often do not have the benefit of a lot of experience. Whereas car drivers can clock thousands of hours behind the wheel, the typical boater spends roughly 100 or fewer hours on the water annually. Thus the heightened awareness by the USCG, who have released several PSAs regarding the dangers of boating under the influence, and who have increased their emphasis to catch these boaters before they harm fellow boaters, or people in their own boat.

Tips for avoiding BUI arrests

The U.S. Coast Guard, Seattle Police Harbor Patrol, King County and Snohomish County Sheriffs, and other State and County law enforcement make great effort to promote the safety and well-being of Washington boaters. In order to reduce BUI-related injuries and deaths, they have provided the following list of tips to help boaters to reduce the risks alcohol consumption, while still enjoying the water:

• Have your boat well-stocked with cool non-alcoholic drinks.
• Have a handy stash of food and snacks to avoid empty stomachs.
• Wear clothing that will keep boaters always comfortable and cool.
• Have a trip timeline. Avoid long legs that will result in fatigue.
• After drinking, such as lunch ashore, wait before getting back in the boat. Wait an hour for each drink that you consume.
• The best way to stay safe is to avoid drinking altogether when boating. This would include passengers. Have a drink or two after you tie up; on the dock, in a picnic area, or some other safe environment. Just make sure that there is going to be a safe buffer between when you will be operating the boat and when drinking.

Defending against BUI charges in Washington

No matter what type of vessel you were operating, it is important that no time is wasted in getting ahold of an aggressive defense lawyer to look out for your best interests. There are steps that can be taken to protect your rights.

At our firm, we know these steps and will do everything possible to ensure that you are defended against any potential criminal charges.