Spending time in the water is meant to be fun. However, if you’re found to be operating your boat while intoxicated, your trip to the lake could suddenly put your freedom at risk. If you or a loved one has been arrested for BUI, an experienced Toledo boating under the influence defense lawyer can help you avoid a conviction or reduce the penalties.
At Patituce & Associates, we are dedicated to providing all our clients with quality legal services. As your Toledo BUI defense lawyers, we will investigate all the facts surrounding your case, and develop an effective defense strategy to ensure the best possible outcome. We take pride in helping keep your criminal record as clean as possible.
What Is a BUI?
In Ohio, it’s illegal to operate or control a boat or any other water vessel while under the influence of drugs or alcohol. All individuals are prohibited from operating or physically controlling water vessels, including boats, with prohibited levels of alcohol and other drugs.
Under these BUI laws, an individual could be facing charges for operating a boat or water vessel where:
- The blood alcohol concentration (BAC) level is at least .08%.
- The person is impaired by drugs, alcohol, or a combination of both.
- The individual has a certain concentration of marijuana, cocaine, methamphetamine, amphetamine, PCP, heroin, or LSD in their system.
If a person is suspected of boating under the influence, a law enforcement officer could stop the boat and ask them to take BUI tests. An experienced Toledo boating under the influence defense lawyer can help enlighten you about these BUI tests and the consequences of a refusal.
What Are the Penalties for BUI and BWI in Ohio?
The consequences of a BUI charge can be far-reaching. Based on the number of prior BUI convictions the defendant has had, their BAC levels, and other circumstances of their case, the potential penalties for boating under the influence in Ohio include:
- Huge fines
- Jail time (months or years)
- Community service
- Revocation or suspension of boating privileges
- Requirement to complete a boating safety course
- Requirement to attend an intervention program.
Some of the other consequences may include:
- Higher difficulty in securing housing and employment
- Higher insurance premiums or having your current policy canceled
- Losing your right to possess, carry, or own firearms
- Ineligibility to certain financial loans
- Higher difficulty in getting public benefits
- Deteriorated professional relationships.
What Is Implied Consent for BUI in Ohio?
When an individual is suspected of boating under the influence, law enforcement officers can stop your vessel and ask you to do some BUI tests. Ohio law stipulates that every individual who has a boating license is subject to the implied consent law. As such, if you operate a boat or water vessel in the state’s waters, you consent to undergo BUI tests such as blood or breath tests.
Refusing to take these tests could mean facing administrative and criminal penalties. Our boating under the influence defense lawyers in Toledo can help you understand the extent of your charges and the consequences of refusing to take BUI tests.
What Are Defense Strategies for BUI/BWI Charges in Ohio?
If you’re faced with BUI allegations, an experienced attorney can help you fight the charges using the following common legal defense strategies.
- You received false-positive test results because you suffer from certain medical conditions.
- The breathalyzer device used for the BUI tests is not designed to be used in damp environments.
- The breathalyzer device was not calibrated properly.
- The breathalyzer or chemical test was not correctly administered.
- The officer did not follow due procedure when carrying out the tests.
- The officer who conducted the breathalyzer test was not adequately trained.
- The officer did not explain your rights to you properly.
An experienced lawyer will review the facts surrounding your case and work to establish the best defenses for your case. All this is to ensure a favorable outcome for your case.
Talk to a Toledo Boating Under the Influence Defense Lawyer Today!
If you or a loved one has been charged or arrested for BUI in Ohio, reach out to an experienced BUI/BWI attorney at Patituce & Associates in Toledo, OH today. We provide all our clients with a free initial consultation, where we can explain to you how the law applies to your case and help you decide on your best legal options.
Call us on 419-737-4556 to schedule your free consultation.