Like the regulations used to police driving a car while impaired, it is illegal to operate a boat while under the influence as well. If convicted of operating a boat under the influence, you could be facing fines, incarceration, and the loss of your boater’s license.
If you were detained and cited for boating under the influence (BUI), working quickly to mitigate the potential consequences can make all the difference in your case. A skilled Lincoln boating under the influence lawyer should have the experience necessary to help you fight these charges. With the assistance of a talented criminal lawyer from Berry Law, you may be better prepared to protect your rights and freedom.
Boating Under the Influence Charges
A boater can be charged with a BUI if they are too impaired to operate his or her vessel but does so anyway. Specifically, under Nebraska Revised Statutes §37-1254.01, boating under the influence is defined as exerting actual physical control of a motorboat or other personal watercraft while under the influence of alcohol or drugs.
In Lincoln, if an individual is found to have a BAC of .08 or higher, they can be charged with BUI. Per Neb. Rev. Stat. §37-1254.02, the operation of a water vessel in Lincoln may constitute implied consent to undergo a BAC test. Additionally, authorized peace officers in Lincoln may request that a boat operator submits to a blood, breath, urine, or chemical test to detect whether narcotics are in his or her system.
A boater’s refusal to submit to such examinations may be used as evidence of his or her guilt. For this reason, it can be crucial to work with an experienced Lincoln boating lawyer who understands how to argue against such charges.
Charges for Operating a Boat While Intoxicated
The severity of punishment for a BUI in Lincoln will depend on the circumstances and whether the accused person has prior convictions. For example, according to Neb. Rev. Stat. §37-1254.12, a first offense may be charged as a Class II misdemeanor.
If convicted in Lincoln, a first-time offender may be barred from operating a motorboat or other personal water vessel for six months. However, if he or she has one or more convictions, they could be charged with a Class I misdemeanor, carrying harsher penalties. They may be prohibited from operating a boat for two years if he or she has prior BUI convictions.
Probation or Suspended Sentence after a Lincoln BUI
Under certain circumstances, Lincoln boaters may be granted leniency and receive only probation or a suspended sentence. However, under Neb. Rev. Stat. §37-1254.12, individuals in this instance may still be barred from operating a boat for 60 days.
The prohibition from boating is one of the numerous conditions that the Court may place on the order of probation or a suspended sentence. A capable BUI attorney in Lincoln can work to help to mitigate the possibility of these penalties.
Speak with a Lincoln Boating Under the Influence Attorney
If cited for boating under the influence, you may be facing the penalties for a Class I or Class II misdemeanor. Moreover, you may be prohibited from operating a watercraft or other personal vessel. Therefore, it is crucial that you work with a skilled Lincoln boating under the influence lawyer who can help fight the charges. If you or a loved one has recently been charged with boating under the influence, contact Berry Law to schedule a confidential consultation and begin constructing your plan of defense with one of our many experienced defense attorneys.