Washington BUI: Boating Under the Influence
Not a DUI in any sense, but still a common charge in Washington over the summer months is that of Boating Under the Influence (BUI).
The elements of BUI in Washington are similar of a DUI charge. It is a ‘per se’ violation of the statute if you are operating a vessel and have a BAC of .08 or above. If a breath or blood test is not available to the state, it can attempt to prove a violation of the statute by showing you were appreciably affected by alcohol or drugs (or combination of the two) at the time you were operating the vessel. Additionally, the BUI statute is also implicated if one is accused of operating the vessel recklessly, whether alcohol or drugs are involved.
If you have been charged with this offense or believe that you may be, contact us Snohomish Law immediately.
'Per Se' and Impairment DUIs
All states have two types of DUI charges: "impairment" and "per se." The difference between the two charges is how the prosecution proves the driver was "under the influence." With a per se DUI, the prosecution just needs to show that the driver had a blood alcohol concentration (BAC) of .08% or more.
On the other hand, impairment DUI charges do apply to marijuana use. The focus of impairment laws is on how the drugs or alcohol affected the driver—not on which substance or the actual amount in the driver's system. And, if the driver is impaired, it doesn't matter whether the alcohol or drug use was legal. In Washington State the following applies:
BAC Thresholds for DUI And Physical Control
To determine if you are under the influence, police officers will administer a breath or blood alcohol concentration (BAC) test. If your BAC meets or exceeds the thresholds that the law sets, you could receive a physical control or DUI charge. If you refuse to take a BAC test, you could receive additional penalties. You must be under the influence of alcohol, drugs, marijuana, or a combination of any of these substances for police to charge you with DUI or physical control.
Police use the following BAC thresholds to charge you with a DUI.
- You have a BAC of .08% or higher.
- You have a THC concentration of 5.00 or higher.
- They use the following BAC thresholds to charge you with physical control.
- You have a BAC of .08% or higher within 2 hours of being in physical control of a vehicle.
- You have a THC of 5.00 or higher within 2 hours of being in physical control of a vehicle.
DUI is a Serious Offense
Driving under the influence is a serious offense. The specific level of a DUI offense, and the penalty a court is authorized to assess, depend on several factors, including the extent of a driver’s impairment due to drugs or alcohol and the number of a driver’s prior DUI offenses. A charge of driving under the influence requires careful preparation and an attorney who is experienced in local DUI law and courts.
Alcohol and Drug Treatment
A person accused of DUI in Washington State may be required to undergo an alcohol and drug treatment evaluation. There are three main components to this evaluation: the client, interview, the level of the breath test, and the number of DUI or alcohol related incidents. The single biggest factor in determining whether or not treatment will be recommended is the person’s DUI and alcohol or drug related history.
If you are facing criminal charges, it is crucial to have effective representation immediately. An alleged DUI charge does not mean Guilty! Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.
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“He is very knowledgeable in the DUI field and was able to guide me throughout the process. My case did go to trial as the public prosecutor was not giving any good negotiation. Scott analyzed the case and told me to take it to trial.”- Former Client
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“We appreciate his rapid responses to our questions, and the peace of mind knowing we had his experience on our side.”- Elizabeth
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“Not only did he win my trial, but his knowledge of the details and his negotiation skills were instrumental in achieving a successful outcome. He was able to navigate the complex legal system with ease and always had my best interests in mind.”- Former Client
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“As an experienced attorney, Scott worked diligently to present the facts of the case and ended up winning the case at trial. We would recommend Scott Lawrence, Attorney at Law, to anyone facing criminal charges.”- Former Client
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“I am incredibly grateful to Snohomish Law for their dedication and expertise in resolving my case. They were professional, compassionate, and kept me informed throughout the process.”- Justin K.
