Oklahoma BUI Lawyers
Protecting the Rights of Boaters Accused of Operating Under the Influence
Most people are familiar with the dangers and criminal liabilities associated with drunk driving in an automobile. However, Oklahoma also has laws concerning drunk boating, which is commonly referred to as Boating Under the Influence or BUI.
Boating BAC
Oklahoma has some great lakes and great weather to enjoy those lakes on. Although it is legal to enjoy an adult beverage while boating, Oklahoma takes a dim view of operating a vessel under the influence of alcohol or other substances that can affect your ability to operate the boat safely.
The legal blood alcohol content (BAC) for a boat operator is the same as that for a driver in a motor vehicle: .08%. This means that if you are caught operating a boat while having a BAC at or above .08%, you can be charged with BUI.
To sustain a charge for BUI, the State must show that the person was operating a vessel with BAC of .08 or more or be under the influence of any other substance to the degree it renders the operator incapable of safely operating the vessel (or combination of alcohol and other substance). This does not apply to privately owned waters.
Similar to operating a car on the public roadways, a person operating a boat on publicly owned waters is deemed to have given consent to a blood, breath, saliva or urine test to determine the BAC level. The test must be given within two hours of the arrest. Unlike operating a car under the influence of alcohol, refusing to take the test is a criminal violation of its own subject to the same fines as if you had tested over the legal limit.
BUI is a misdemeanor charge. A conviction carries a fine not to exceed $1000. A second or subsequent conviction carries a fine of not less than $1000 and not more than $2500. It is important to note that a conviction for BUI does not carry any driver’s license consequences.
An interesting twist is that actually operating a boat under the influence only carries a fine. However, if you let someone else operate a vessel while under the influence, you are subject to a fine of not less than $50 and not more than $250 AND up to six months in jail.
Schedule a consultation with our BUI attorneys in Oklahoma by calling us at (405) 544-2992 or filling out our online contact form. Hunsucker Legal Group is here to help.
Contact the hunsucker legal group
If you are facing criminal charges, our team at Hunsucker Legal Group is here to help. Contact us at (405) 544-2992 today to speak to our Oklahoma BUI lawyers about your options.
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INTERNATIONALLY RECOGNIZED AS A LEADER IN THE FIELD OF DUI DEFENSE John Hunsucker, The Only Board Certified DUI Defense Attorney in Oklahoma City By The National College Of DUI DefenseAs a leading authority in Oklahoma DUI defense, John and the Hunsucker Legal Group have argued successfully to the Oklahoma Appellate Courts several issues relating to drivers license issues that resulted in thousands of clients having their license returned without any license revocation.
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FIGHT FOR YOUR LICENSE Brian Morton, Former Assistant General Counsel for the Oklahoma Department of Public SafetyFocused solely on Driver’s License Defense, he fights tirelessly for the rights of our clients, using his unique perspective and expertise to secure the best possible outcomes. His in-depth knowledge of DUI law, including implied consent and prosecutorial tactics, makes him an invaluable asset to your case.
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