Boating Under the Influence

It's never a good idea to drive a car while under the influence, and the same holds true when it comes to operating a boat or personal watercraft. Known as a BUI, driving a boat while drunk or under the influence of drugs can have similar legal consequences to DWIs.

Many boat owners don't realize that just as their road-bound counterparts are able, aquatic police are also able to "pull over" any operators who they believe are under the influence. Additionally, federal forces such as the U.S. Coast Guard can detain and hold you on suspicion before transferring you into the custody of local authorities.   Many police agencies and departments such as Game Wardens can pull your boat over without legal justification for any suspicion of criminal activity. This is done by pulling you over for a “safety check” to make sure you and the passengers on your boat are following safety protocol (e.g., check for life jackets on board, etc.). Oftentimes, this is used as an excuse to really check if passengers are intoxicated, any illegal narcotics are on board, and especially to check if the driver is intoxicated. Many times they will scan the boat for open containers. It’s not illegal to have open containers on a boat like it is a motor vehicle, but oftentimes this can be a “light bulb” for officers to do a “safety check” on a boat to see if the driver is intoxicated.

Why Can Smoking Show Higher BAC Levels?

Since a Breathalyzer will measure the methyl molecules in your body, that means that it cannot distinguish between acetaldehyde and alcohol. Acetaldehyde is found in the lungs of every human, and the amount varies naturally from person to person. Multiple studies have shown that the levels of this molecule can be found at much higher concentrations in the lungs of smokers. This means that smokers can expect to also have higher scores on Breathalyzer tests when they should have scored far lower.

It is important to know your rights before authorities request that you submit to a field sobriety test. It is typically advisable to politely deny their request for any breathalyzer test. These tests are known for their many inaccuracies, and yet continue to be used by most law enforcement departments. 

If you have been charged with operating a boat while under the influence, contact Chris Denuna today! He has the experience and scientific knowhow to get you the justice that you deserve. 

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