The Minnesota laws on drinking while boating have been seen as unfair by many. Generally, individuals can be arrested for Boating Under the Influence (BUI) or Boating While Intoxicated (BWI) whenever their boat is in operation and not parked, moored, beached, or docked. It’s worth noting that the laws concerning probable cause are not as strict as they are for DWI. This means that an officer can stop your boat if they perceive any safety or security issues, without needing significant proof.
Boating Under the Influence (BUI) refers to the act of operating any motorized watercraft, like motor boats or Jet Skis, while under the influence. It’s important to remember that if your boat has any kind of motor, no matter how small, it falls under the jurisdiction of the BWI/BUI law.
Law enforcement officers may approach your boat to ensure security and safety. If they detect the smell of alcohol on your breath or observe people consuming alcohol onboard, they may conduct an investigation. It’s essential to note that consuming alcohol on a boat is not illegal, but failing a breath test could lead to a BWI arrest. If you find yourself in such a situation, don’t hesitate to reach out to Attorney Jeff Dean at (612) 305-4360. He’ll be there to safeguard your rights and freedom.
DUI Penalties Also Apply To BUI Offense
We are, of course, “The Land of 10,000 Lakes” (actually, 11,842) and Minnesota’s lakes have always been popular spots for boating and fishing, especially in the summer. Many people enjoy boating and even see it as a chance to unwind and have a few drinks.
It’s important to be aware, however, that according to Minnesota law, operating a motorized boat while under the influence of alcohol or controlled substances is illegal. Remember, the penalties for boating under the influence of alcohol can be just as severe as drunk driving.
If it’s your first time getting caught boating while intoxicated, you could face up to ninety days in jail, a fine of $1,000, and your boat-operating privileges being suspended for ninety days during boating season.
Factors That Can Complicate a BUI Charge
The consequences of a BUI charge can vary depending on the specific details and seriousness of your offense. You could end up with extended jail time, substantial fines, mandatory monitoring, or assessment. In some cases, you might even have to give up the boat involved in the offense.
Factors that could complicate charges and result in harsher penalties include:
- operating a craft with a 0.16 percent or more blood alcohol concentration
- any past BUI convictions within the ten years before your BWI arrest
- having passengers on your boat who are under the age of sixteen at the time of the offense.
As mentioned, the penalties for being convicted of Boating Under the Influence are pretty much the same as for Driving Under the Influence. However, it’s interesting to note that there are a few slight differences between the two. For instance, it’s against the law to have an open container of alcohol in your car, but that rule doesn’t apply to boats. So, while you can’t have an open can of beer or bottle of wine in your car, you’re completely allowed to have those on your boat.
The Physical Control Concept in BUI Cases
In Minnesota, the concept of “Physical Control” is an essential element in BUI cases. It refers to the ability or potential ability of a person to operate or control the movement of a watercraft while under the influence. In other words, even if a person is not actively operating the boat, they can still be charged with BUI if they have physical control over the watercraft and are found to be under the influence of alcohol.
The term “Physical Control” is broader than simply operating the boat. It includes situations where a person is in or on the boat with the means to control its movement, such as being in the driver’s seat, holding the keys, or having access to the boat’s controls. The key factor is the person’s capability to assume control and operate the boat if they choose to do so.
If you or someone you’re acquainted with is thinking about boating while drinking alcohol or consuming illegal drugs, be sure to assign someone responsible who will stay sober and steer the boat safely.
How Can I Protect Myself from BUI Charges?
The laws regarding BUI or BWI are quite similar to those for DUI offenses, especially when it comes to how field sobriety tests are conducted and how law enforcement tries to identify potential suspects. If you find yourself accused of BUI, it is crucial to remember that a skilled attorney has various effective methods to challenge the charges in court.
For instance, successful defenses for BUI charges may include:
- Disputing the accuracy of testing equipment
- Refuting the claim that you were under the influence of drugs or alcohol during your arrest
Having expert legal representation by your side can make a big difference in the outcome of your case. If you have been arrested for BUI, don’t hesitate to consult with a lawyer immediately. They can provide you with the guidance you need during this challenging time.
It’s essential to keep in mind that if someone is accused of a BUI without any previous impaired driving incidents, they will only face the suspension of boating privileges for a specific period. Their driver’s license for operating a car will remain valid. However, if they are convicted of a BWI and already have a DWI conviction or get arrested for DWI later, it could result in the loss of both their driver’s license and boating license. These cases are incredibly serious, and it’s crucial to have a strong and effective defense to protect your rights.
Contact a Minneapolis BUI Lawyer
If you’ve been arrested for boating while intoxicated, Attorney Jeff Dean will carefully assess the details and evidence of your case, provide guidance on your optimal legal choices, and secure a favorable outcome for you. Call (612) 305-4360 right away to set up a consultation.
