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SEAFAIR IS COMING! FAMILIARIZE YOURSELF WITH WASHINGTON STATE BOATING UNDER THE INFLUENCE (“BUI”) LAWS

Posted by Michelle Dellino | Jun 05, 2015 | 0 Comments

Boat 2

Seafair festivities kick off in Seattle next week. Hundreds of thousands of people will come together to participate in this summer-long festival of events and Seattle tradition. For many, alcohol is a big part of the celebration. Local police will increase their presence be on the lookout for drunk drivers, minors in possession, and violators of other alcohol-related crimes.

With all of the attention paid to DUI violations and penalties, “BUI” law is often overlooked. BUI refers to “Boating under the Influence” (RCW 79A.60.040). With summer weather and Seafair festivities, boating significantly increases in the Seattle area this time of year. Alcohol is frequently a common component of the experience of boating, but in Washington State BUI is a significant criminal offense. It is important to be aware of the law and potential consequences involved with a BUI conviction.

BUI is similar to DUI in theory, but it is its own charge and is governed by a separate statute (RCW 79A.60.040). This statute details Washington State law involved with operation of a vessel under the influence of Intoxicating liquor, marijuana, or any drug:

  1. It is unlawful for any person to operate a vessel in a reckless manner.
  2. It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor, marijuana, or any drug. A person is considered to be under the influence of intoxicating liquor, marijuana, or any drug if, within two hours of operating a vessel:
    • The person has an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
    • The person has a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
    • The person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
    • The person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

A breath test machine and sobriety tests are generally used in trying to determine the accused's level of intoxication, and a person who operates a vessel in Washington State is deemed to have given consent for testing. RCW 79A.60.040 provides more information about how the law incorporates testing and consent.

Boating under the Influence (BUI) is a misdemeanor crime. If convicted, penalties may include up to 90 days in jail and a $1000 fine. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. One significant difference between BUI and DUI is that under BUI law, a conviction will not result in suspension or revocation of driver's license.

BUI is a significant offense. In addition to immediate penalties of potential jail time and fines a conviction results in a misdemeanor charge on your criminal record, which could lead to various barriers and challenges. If you are charged with Boating Under the Influence, is essential to work with an experienced defense attorney to fight for the best possible outcome in your case. Our DUI attorneys at Dellino Law Group are extremely knowledgeable in BUI and DUI law and are committed to each and every unique case. Our attorneys will exhaust all angles and work toward reducing charges to a simple infraction or even complete dismissal, depending on the evidence. Please contact us today for a Free Consultation.

About the Author

Michelle Dellino

Michelle Dellino is the Managing Attorney of Dellino Law Group. She believes there is a solution to every problem. Her practice focuses primarily on complex family law matters including high asset dissolutions; high conflict cases; long term marriage dissolution; cases involving business owners, IT, and medical professionals; domestic violence family law; and preparing cohabitation, prenuptial, and postnuptial agreements. Favorite things include: multi-tasking, competition, travel, baseball, technology, a big view of the Olympic Mountains, and the outdoors. Primary dislikes include: Chinese food, passive aggression and apathy. Also: owned by trio of dachshunds, 2 cats & 1 big dog.

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