Summer has arrived in Maine and many of us hope to get as much boating time as possible, whether it be fishing before dawn or a sunset cruise with good friends. The water invites a freedom of the spirit that removes us from the daily grind. It can be an intoxicating feeling. However, that freedom should not fool boaters into a false belief that the laws on the land do not apply.
Operation Dry Water
Operating Watercraft Under the Influence of alcohol or drugs is, at minimum, a Class D crime in the State of Maine. If you’ve been charged with Operating Watercraft Under the Influence, sometimes called BUI, you’ve been charged with an offense that is viewed by the State of Maine, Prosecutors, and Judges, as an offense that is just as serious as a Motor Vehicle OUI. In fact, Maine Law Enforcement receives funding from an awareness campaign called Operation Dry Water, which aims to lower the number of alcohol related fatalities each year, and ensure our waterways are safe for all.
Mandatory Jail Time
You probably know that the “legal limit” in Maine is .08 grams or more of alcohol per 100 milliliters of blood (BAC) or 210 liters of breath (BrAC). The same is true for Operating a Watercraft in Maine. While “Boating Under the Influence” may not result in a suspended driver’s license, it may result in mandatory jail time. This is because “Boating Under the Influence” carries mandated penalties that provide no room for judicial discretion. For example, under Maine Law, if you are found to have a blood alcohol level of .15 BAC or BrAC, failed or refused to stop for an officer during intoxicated operation of a watercraft, or failed to submit to a chemical test, you’ll be facing a mandatory minimum of 48 hours in jail. If you’ve ever had a prior Operating Watercraft Under the Influence conviction, then you’ll be facing higher fines, and a mandatory minimum sentence of 7 days in jail. Another aggravating factor the court will consider is whether you operated a boat while intoxicated which resulted in a boating accident. If someone is seriously injured, you’ll be facing a felony charge.
Maine Boating OUI Attorneys
As with any Operating Under the Influence charge, “Boating Under the Influence” is not an accusation to take lightly. Speak to an attorney today in order to preserve your defense, protect your rights, and be informed. A first-time guilty plea and payment of a Boating OUI fine will always be on your criminal record and may create unexpected consequences for you in the future.
Our office provides free initial OUI case consultations and offers customized flat rate criminal defense. Call us today to discuss your situation and determine your next steps. We are able to carry the burden of your defense, so you can return to enjoying Maine’s summer activities. Schedule a free consultation appointment by calling 207-591-5747.
– Posted by Attorney Benjamin P. Campo, Jr.
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