It comes as no surprise that boating while under the influence is often treated with the same level of repercussions as driving under the influence. Both are serious allegation and should be treated thusly. If convicted of operating a boat under the influence, you may be facing fines, incarceration, and the loss of your boater’s license.
When 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 Omaha 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
BUIs typically arise when the vessel’s operator is 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 Omaha, just as if you were in suspicion of driving under the influence, if found to have a BAC of .08 or higher, you can be charged with BUI. Per Neb. Rev. Stat. §37-1254.02, the operation of a water vessel in Omaha may constitute implied consent to undergo a BAC test. Additionally, authorized peace officers in Omaha may request the boat’s operator submit 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 Omaha boating lawyer who understands how to handle such charges.
Charges for Operating a Boat While Intoxicated
The severity of punishment for a BUI in Omaha depends on the circumstances and whether the accused 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, a first-time offender may be barred from operating a motorboat or other personal water vessel for six months. However, if they have one or more convictions already, they could be charged with a Class I misdemeanor, carrying harsher penalties. Additionally, they may be prohibited from operating a boat for two years if he or she has prior BUI convictions.
Probation or Suspended Sentence after an Omaha BUI
Under certain circumstances, Omaha boaters may be granted leniency and receive only probation or a suspended sentence. However, under Neb. Rev. Stat. §37-1254.12, individuals in this situation may still be barred from operating a boat for 60 days.
The prohibition from boating is one of many conditions that the Court can place on the order of probation or a suspended sentence. A capable BUI attorney in Omaha can work to help to mitigate the possibility of these penalties.
Speak with an Omaha 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 Omaha 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.