Although Colorado is best known for its mountains, it also has many gorgeous lakes and waterways, making it a great place for those who love boating. If you’re out on the water at the Chatfield Reservoir, it’s tempting to reach for a cold drink or two. Watch out, though, because you could be arrested for DUI on a boat in Colorado.
If this has happened to you, it’s important to understand the potential consequences, as well as possible legal defenses against boating under the influence (BUI).
Understanding Boating Under the Influence
When operating a boat, you’re surrounded by open water in all directions, so what’s the harm in enjoying an alcoholic beverage? It seems innocent enough, but nearly half of all boating accidents involve alcohol. That’s why the State of Colorado takes boating under the influence so seriously.
Prior to 2008, your blood alcohol concentration (BAC) had to be over 0.10% to be arrested for BUI. Currently, the limit is .08%, the same concentration for a DUI (driving under the influence) charge.
In addition, in Colorado, the owner of the boat can be charged with BUI if they knowingly allow an intoxicated person to operate the vessel.
When Can Authorities Conduct Sobriety Tests for Suspected BUI?
Authorities need probable cause to stop your boat, but the burden of probable cause is lower than it is for motor vehicles (cars, trucks, etc.). An authority might stop your boat just to make sure your safety equipment is present and in good shape. If you appear to be drunk, or the authority spots alcohol, they have probable cause to conduct a sobriety test.
Penalties and Fines for Intoxicated Watercraft Operation
Perhaps surprisingly, BUIs carry even stiffer fines than DUIs. Legal consequences for your first DUI on a boat in Colorado include:
- Fines ranging from $200 to $1,000
- Up to 96 hours of community service
- Jail time of five days to one year
- Prohibition from operating your boat for three months or more
For a second offense within five years of the first offense, penalties include:
- Fines ranging from $500 to $5,000
- 60 to 120 hours of community service
- Jail time of 60 days to one year
- Up to two years probation
- Prohibition from operating your boat for one year
- Prohibition from drinking alcohol for up to one year
Legal Defenses for BUI
A good BUI lawyer may be able to have your charges dropped or lessened with the right defense. Possible defenses include:
- Challenging sobriety tests: Boats rock due to the water’s motion, which can make field sobriety tests inaccurate.
- Challenging the search: Authorities must have probable cause to search your boat. If the authorities who searched you didn’t have probable cause, any evidence they found may be deemed inadmissible in court.
- Your medical conditions: Some medical conditions, such as low blood sugar, can mimic alcohol impairment. Your lawyer can work with your doctors to prove that authorities mistook your medical condition for boating under the influence.
Reliable Representation for Those Charged With BUI
If you’ve been charged with DUI on a boat in Colorado, contact Churchill Criminal Defense at (303) 832-0970 for a free consultation.