Many people recognize the risks associated with driving under the influence of alcohol or drugs. Boating under the influence can be just as dangerous. The penalties for boating under the influence can also carry significant implications for your future, making it critical that you hire an Oklahoma boating under the influence (DUI) attorney. Severe penalties, including significant fines.
Oklahoma BUI Laws
Under Oklahoma law, a boating under the influence (BUI) can apply in situations where a person operates or controls a vessel on the state’s waters and the following factors apply:
- Blood or breath alcohol concentration (BAC) of 0.10 or more after taking a test to demonstrate it
- Under the influence of any substance, excluding alcohol, to a degree that compromises their ability to operate that vessel in a safe manner
- Under the influence of alcohol or another intoxicating substance to the degree that it compromises their ability to operate the vehicle in a safe manner
These laws apply to you whether you know they exist or not. In addition, implied consent applies to testing in Oklahoma. That means that if you are operating a vessel in Oklahoma’s waters, you are automatically agreeing to or providing consent for testing. That can include testing of blood, breath, urine, or saliva. The test must be carried out within two hours of the arrest.
Potential Penalties for BUI
In Oklahoma, BUI is a misdemeanor. The following penalties potentially apply:
- First offense: Fines not to exceed $1,000
- Further offenses: Fines of at least $1,000 and no more than $2,500
You can post cash bail if you are arrested for a BUI violation. You may also submit your driver’s license in exchange for an official receipt from the officer.
If you refuse to be tested for BUI when a police officer has suspicion of it, you are engaging in a criminal act on its own. You are automatically considered guilty of BUI. You can also face fines of up to $250 and up to six months in jail if you allow someone else who is under the influence to operate your boat. Jail time does not typically apply to BUI itself, though.
In situations where someone suffers a serious injury or a death occurs, jail time becomes applicable. This applies the standard of negligent homicide to the case. Depending on the circumstances, you could face additional charges.
Potential Defense Strategies for BUI
It is worth pursuing legal representation and defending against these charges, if for no other reason than to protect your reputation. Your attorney will develop a strategy that addresses flaws in the prosecution’s case against you. Some examples of potential defenses include:
- Improper testing
- Inadequate testing processes
- Questioning what the “other intoxicating substance is”
- Challenging that you were under actual physical control or operation of the boat
- Questioning the arrest procedure
- Challenging the officer’s right to require a test if you did not show any suspicion of intoxication
Every case is a bit different, and your attorney will work to address what specifically applies to your situation. Keep in mind that what you say and do after the arrest can play a role in your conviction and the type of penalties you face after it.
With the help of a boating under the influence attorney, you may be able to avoid some of the penalties associated with being found guilty of these charges.