DUI on the water is a BUI

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Boating Under the Influence (BUI)

RCW 79A.60.040

To the surprise of many there is something called “boating under the influence.”  Not only is it against the law but it is a criminal misdemeanor offense.  In Washington, the actual offense is called "Operation of a Vessel Under the Influence of Intoxicating Liquor.”  The statute for a BUI, RCW 79A.60.040(2), reads as follows:

(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:
(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

States, including Washington State, have enacted criminal laws that penalize certain conduct while operating a “vessel” on the water.  A "vessel" includes almost every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. RCW 79A.60.010.

In the State of Washington you cannot operate a vessel on the water while under

the influence of alcohol and or drugs.  To be found guilty of such an offense the prosecutor must prove that you provided a breath or blood sample of 0.08 or higher. Alternatively, if you do not provide a breath or blood sample, which is your right, the prosecutor can prove a BUI when the evidence supports that you were under the influence of the intoxicating liquor and or drugs.  Without a breath or blood sample, however, this would prove a much more difficult chore.

There are several important differences between a regular DUI and a BUI.  These differences include the following:

•For a BUI, unlike a DUI, is a misdemeanor with a maximum punishment of 90 days in jail and a $1,000 fine.

•For a BUI, there are no mandatory minimum penalties while for a DUI the mandatory penalties include at least one day in jail (and fines) for a first offense and dramatically increase thereafter for multiple offenses.

•For a BUI there is no driver’s license consequences.  Therefore, unlike DUIs you cannot lose your license if you arrested for or convicted of a BUI.

•For a BUI there is no ignition interlock devise requirement.  While a judge can always impose such a devise, unlike a DUI conviction it is not a mandatory requirement.

•For a BUI arrest you do not need to take a breath test or blood test, unlike if you arrested for a DUI.  Therefore there will be no license suspension if you refuse to take a breath or blood test.  If you are asked to take such a test by a law enforcement officer it would advised that you exercise your rights and politely decline to take it.

•For a BUI, there are no mandatory punishment enhancements for multiple offenses.  However, a judge would still have the discretion to increase punishment should he chose to do so.