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Boating Under the Influence

Newport, Rhode Island BUI (Boating Under the Influence) Defense Attorney

In a city like Newport, Rhode Island, with renown coastal views, boating is a way of life. Living near the water certainly, increases the number of BUI cases in an area. Here in the beautiful city of Newport, Rhode Island, a BUI is a very common offense. A number of charges surge each year approaching the summer months.

There are times when you may be falsely accused or charged with 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.

If you’ve found yourself facing a BUI charge, Attorney S. Joshua Macktaz can help. He has over 18 years of criminal defense experience both as a prosecutor and as a defense attorney. His practice concentrates in DUI and BUI charges. Don’t let one BUI charge haunt you for the remainder of your life, call Attorney Macktaz at 401-285-2996.

Knowing the laws: BUI and DUI

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. 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 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, Esq. is an experienced DUI and BUI 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

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.

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.

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Testimonials

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Mr. Macktaz handled my case in a prompt and professional manor with the necessary legal experience that achieved a positive and beneficial result.
Bryan Stewart
00:35 21 Aug 19
I chose Josh because he seemed experienced and reputable. I was right. Josh knew the ins and outs of my situation, and he provided comforting wisdom every step of the way. When all was said and done, he did exactly what he said he would do, and I couldn't be happier with the results.
Jon Doe
19:12 31 Jul 19
Excellent attorney. Did exactly what he said he would and didn't promise anything he couldn't. Very knowledgeable and professional.
Seth Med
15:31 31 Jul 19
Joshua Macktaz is a very good very professional lawyer. Throughout me case he handled it seriously and kept me in the loop even when I was not present in the court room. Joshua represented me over a year long trial, and he never gave me a issue and in the end he got me a great result. All around I seriously recommend Joshua as a lawyer.
Caleb Butler
18:43 30 Jul 19
Josh was very professional. Took time to answer all my questions in a timely fashion. Made me feel at ease about the situation. Great lawyer
Brandon Nantais
10:06 07 May 19
Mr. Macktaz is an outstanding lawyer. He goes above and beyond for his clients making sure they get the best possible outcome there is! He believes good people sometimes make bad mistakes. I would highly reccommend his services. He will be with you every step of the way.
Haley Nims
17:00 05 May 19
Josh Macktaz is is an excellent attorney who really goes above and beyond for his client.I found him to be very trustworthy and intelligent. I had a technical probation violation. I needed a good lawyer for representation and Josh came highly recommended. He was very honest, respectful and made you feel at ease throughout the whole process. I would highly recommend him to family & friends.Thank You Josh & God Bless -Sam
Sam Wlt
18:21 01 May 19
Josh is committed to following through with his clients and ensuring they are happy. He is not only thorough but he is very responsive and cares. I appreciated his help and he adequately explained the process.
Aly Starr
02:27 25 Feb 19
My Experience with Josh representing me was beyond what I could have hoped for. Josh explained his thoughts and exceptions on my case & followed through to receive the best outcome.. Cannot thank you enough Josh!
Troy McGann
13:12 15 Jan 19
I highly recommend the services of Josh Macktaz. He was responsive, efficient and very realistic about my case and the associated penalties. My legal costs were exactly as he suggested on our first call (which were fair). He is very knowledgeable of the Rhode Island law and has very strong contacts at the traffic tribunal. Related, he handled minor hearings without me which saved me money and travel time. He did the best possible job for a guy in my situation. Anyone that has a drunk driving charge in RI that does not consider Josh Macktaz is risking their future and wasting their dollars.
Chad M
23:10 13 Jan 19
My experience with Josh was beyond positive. If I could rate higher than five stars I would. Through out my entire process he was professional, straightforward, knowledgeable and understanding. It did not take long after meeting him I knew I needed him to represent me. Although my road was long Josh stuck with me every step of the way. There is no doubt in my mind without him I would not have been able to get the best possible outcome in my case. For that my family and I are forever grateful to him. He truly is a master of his craft and a fighter through and through. If you need representation look no further " This is the Man you want In your corner."
Daniel James
14:08 22 Dec 18
I hired Joshua Mactaz to represent me. He did an amazing job. He is very knowledgeable, hard worker and will do anything for you. I would recommend him to anyone and I would certainly have him represent me again.
Susan DeFedele
06:41 14 Dec 18

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