Newport Rhode Island Boating Under the Influence Defense Attorney / BUI Defense Attorney
In a state like Rhode Island, where the ocean is a way of life, Boating Under the Influence unfortunately does happen. Attorney S. Joshua Macktaz is well aware of the allure of the summer months for residents and tourists alike, and reminds all boaters of the dangers and consequences of boating under the influence of alcohol or drugs in Rhode Island.
Because of the nature of these crimes, it is imperative that you retain a Boating Under the Influence Defense Lawyer such as Attorney Macktaz immediately following your arrest.
As a successful DUI and Boating Under the Influence Criminal Defense Lawyer, Attorney S. Joshua Macktaz has over 18 years of criminal experience both as a Former Rhode Island State Prosecutor, and as a defense attorney who concentrates his practice in DUI and BUI.
RI Boating Under the Influence State Laws
The Rhode Island General Laws define boating under the influence as follows:
- TITLE 46 Waters and Navigation – CHAPTER 46-22.2
- Alcohol Boating Safety Act- SECTION 46-22.2-3
§ 46-22.2-3 Violations by intoxicated watercraft operators.
(a) Any person who operates or otherwise drives any watercraft in waters over which this state has jurisdiction while intoxicated or after he or she has been ordered not to operate a watercraft under the provisions of this chapter, shall be guilty of a civil violation, a misdemeanor or a felony and punished as set forth in this section.
(b) Any person who operates any watercraft in waters over which this state has jurisdiction while intoxicated and while so operating causes the death or serious bodily injury to another person shall be guilty of a felony and shall be punished in accordance with subdivision (f)(2) of this section.
(c) Any person charged under subsection (a) whose blood alcohol level is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical test of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance or any combination thereof, to a degree which rendered such person incapable of safely operating a watercraft. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
Experienced Rhode Island Boating Under the Influence Lawyer
Living near the water certainly increases the number of BUI cases in a particular area. Here in the beautiful state of Rhode Island BUI is a very common offense, and the amount of charges surges each year approaching the summer months. Knowing the laws regarding boating and the operational regulations of boating in each specific state is important to ensure your safety and the safety of those around you. However, there are times when you may be falsely accused or charged of BUI offenses. While BUI offenses are very similar to DUI offenses; there are stark differences in the penalties and legal circumstances regarding BUI. Don’t assume that your criminal defense lawyer is familiar with defending BUI’s because of their history in DUI defense. Securing the representation of a defense lawyer who specializes in BUI defense as well as DUI defense will provide you with an attorney committed to finding the best resolution for your case.
Drinking and Boating
What this means is that if you are suspected of operating a boat or other watercraft under the influence of any drug, controlled substance, alcohol or other combination of any kind, you will be treated in the same manner as anyone who operates any other kind of motor vehicle under the influence. You will be given sobriety tests at the scene, and if you are arrested and found guilty, you will be sentenced according to the misdemeanor or felony status of your crime.
For misdemeanors, a civil violation, where your blood-alcohol level is .08%, you will be subject to a fine of between $100 and $250, community restitution in an amount from ten to sixty hours, required attendance at a DEM endorsed boating safety course, and your right to operate any watercraft will be suspended for not more than 45 days.
As your blood-alcohol level rises, and you are arrested each subsequent time for boating under the influence, the sentences imposed by the court can reach a place where you are actually serving time in prison for your offenses.
If you are found to have committed a felony BUI crime, that is, a situation where you are a repeat offender, have injured another person, or caused death, and have a higher blood-alcohol level combined with the use of other illegal and controlled substances, you will face some of the harshest penalties with fines of up to $5000, sentences involving years in prison, and suspension of your right to operate a watercraft permanently, among other penalties.
Because of the nature of these crimes, it is imperative that you retain sound legal counsel. Criminal Defense Attorney S. Joshua Macktaz is an experienced DUI and boating under the influence lawyer and can help you.
For information concerning arrests involving boating and driving under the influence all over New England please schedule a free consultation
Offices located in both Newport RI and Providence RI. Newport Office conveniently servicing the towns of Newport, Jamestown, Middletown, Portsmouth, Narraganset, North Kingstown, South Kingstown, Little Compton, Tiverton and Washington County. Providence office conveniently services the Rhode Island towns of Warwick, East Greenwich, Cranston, Providence, East Providence, Barrington, Warren, and Bristol, along with the rest of Kent, Bristol, and Providence Counties.