Virginia state officials are cracking down on intoxicated boaters by lawfully
allowing officers to treat boat drivers just as they would treat
drunk drivers on land. This means law enforcement can make an arrest for boating under
the influence without a warrant, so long as there is probable cause.
Before you get out on the water, make sure you know the risks of driving
a motorized watercraft while intoxicated so you can better protect your future.
Virginia State Laws
In the state of Virginia, it is illegal to operate any boat while intoxicated
due to either alcohol consumption or drug use. Intoxication is defined
by a person’s blood-alcohol concentration (BAC). If a driver’s
BAC is at or above 0.08%, the driver is considered under the influence
to a degree that impairs his or her ability to safely operate a boat.
For boat drivers
under the age of 21, the legal drinking age, any level of alcohol discovered in their system
is considered unsafe and unlawful. If a person is found guilty of driving
any boat, including sailboats and personalized watercrafts, (such as jet
skis or sailboards), he or she will receive a BUI, boating under the influence.
Having probable cause means an officer must see the driver exhibit behavior
that shows the officer the driver is intoxicated. The officer could also
see the driver taking a drink of alcohol or similar evidence that demonstrations
the driver was drinking.
Repercussions for Boating Under the Influence
Boating under the influence, also called BUI, is a serious offense and
can lead to serious repercussions, especially if you are under the legal
drinking age, have
multiple offenses, or had an especially high blood alcohol concentration. For a
first offense, the driver will face a minimum class 1 misdemeanor charge and may also
lose boating privileges for 1 year. For driver’s facing second or
subsequent convictions, boating privileges may be revoked for up to 3
years. Those facing BUI charges may also receive fines of up to $2,500,
imprisonment for up to 12 months, and required attendance at an Alcohol
Safety Action Program. Additionally, all BUI offenders are required to
complete a state-approved boating safety course.
Certain circumstances may lead certain BUI charges to come down much more
strongly than others. If the intoxication of the boat driver leads to
“serious bodily injury” of another person, it could be considered
a class 6 felony. Such a charge could lead to up to 5 years in prison
or 1 year in jail, and possibly $2,500 in fines. The boat driver’s
operator privileges will be suspended for a minimum 2 years, and the court
may require the completion of a substance abuse treatment.
In the event that a person is killed in a BUI accident, the boat driver
could be convicted of involuntary or aggravated-involuntary manslaughter,
which are class 5 felonies. If convicted of involuntary manslaughter,
the driver may face up to 10 years in prison and $2,500 in fines. A person
convicted of aggravated-involuntary manslaughter could result in up to
20 years in prison. Both convictions would result in the loss of boating
privileges for at least 5 years, and may also require the completion of
a substance abuse treatment.
If you are facing BUI charges, don’t wait to take action. It is our
mission to reduce your penalties and ensure your individual rights are
protected. For the best possible outcome following your BUI arrest, contact
a criminal defense attorney at The Law Offices of Daniel J Miller to discuss
your case and begin building your defense.
Contact The Law Offices of Daniel J Miller
for a free consultation.