Unlike a DUI on the roadway, law enforcement doesn’t usually use a breath test while out on the water. Typically, being that BUI’s are discovered during routine “safety checks,” law enforcement and the Department of Natural Resources aren’t prepared to investigated a potential BUI. Therefore, if arrested, you are taken to a local jail where you must perform the typical DUI-related breath testing.
Breath Test for BUI: Drunk Driving on Water
Refusing a Breath Test
Like a DUI, you have the right to refuse that breath test. However, there are consequences for refusing the breath test, just as there are on land. First, you lose the privilege to boat for 180 days. You can dispute this penalty. However, the court must schedule the hearing within thirty days of the arrest. If you miss the timeline, you likely cannot dispute the license suspension. Second, you will be in the “implied consent” territory where persecutors will point to your refusal of the test.
Breath Testing Results
Blood alcohol content readings are also different for a BUI. Like a DUI, .08% is still under the influence. However, a jury will either receive, or not receive, instruction according to your intoxication, based on the evidence. There are three categories for blood alcohol content in a BUI case:
- .00% – .05%: You are not under the influence of alcohol. The jury will not receive instruction that you were under the influence. You will likely not face a BUI charge.
- .05% to .08%: You may be under the influence of alcohol. In a trial, the jury cannot assume that you’re under the influence, just from this reading. Prosecutors will have to rely on other evidence in order to get a conviction.
- .08% and higher: You are likely under the influence of alcohol. The jury will receive instruction at or above the normal legal limit. The court will tell the jury to infer from the evidence that you were under the influence of alcohol while driving the boat.
Knowing these distinctions is key to defending your case. The facts of the case will determine your defense. Your decision to take or refuse the test should be careful and thought out. It’s important to consider the facts of your situation, such as how much alcohol, and how long you’ve been drinking. In the event of a BUI, it’s important to speak with a lawyer and decide on your course of action.