BOATING UNDER THE INFLUENCE (B.U.I./B.W.I.)
(ALCOHOL ON THE WATERWAYS)
It’s that time of year. People getting their boats and watercraft ready for summer at the shores or the rivers of New Jersey. Vacations or weekend getaways are the times to relax, decompress and enjoy the weather. And, many times this means boating or fishing with friends and enjoying alcohol. What many people don’t know is that you can be cited for B.U.I., if you operate a boat or other vessel under the influence of alcohol.
1. What is B.U.I/B.W.I?
N.J.S.A. 12:7-4. is the statute that bans anyone from having a blood alcohol content level of 0.08% or higher while operating a boat or other water vessel faces the same punishments as a DWI in New Jersey. This applies to boats, sailboats, powered vessels, and personal watercraft. Both the New Jersey State Police and the United States Coast Guard patrol New Jersey’s waterways for BUIs.
2. What Constitutes BUI?
Boating under the influence is defined as operating a vessel on any waterway including the Ocean, lakes, rivers, inlets, lagoons, streams, canals while:
* having a blood alcohol content (BAC) of .08 percent for a recreational water vessel
* having a BAC of .04 percent for a commercial vessel
* having a BAC of .01 for aquaplanes and water skis
* refusing to submit to a breath test
3. The Consequences of a BUI/BWI are Serious!
If a person is convicted of boating under the influence, they will lose both their boating and driving privileges. The length of suspension of driving privileges is the same as the suspension periods for DUIs. Also, a refusal to submit to a breath test will also result in a period of suspension of both boating and driving privileges. And, a boating under the influence conviction will also count as a prior DUI conviction, for someone later charged with a DUI. .What are the penalties for boating while under the influence?
*BAC means Blood Alcohol Content
1st Offense (BAC .08-.099%)
Jail: up to 30 days
Suspension: Driving - 3 months
Boating - 1 year
Fines: $250-$400
Surcharges: $3,500+
1st Offense (BAC over .10%)
Jail: up to 30 days
Suspension: Driving - 7 months -1 year
Boating - 1 year
Fines: $300-$500
Surcharges: $3,500+
2nd Offense
Jail: 2-30 Days
Suspension: Driving - 2 years
Boating - 2 years
Fines: $500-$1,000
Surcharges: $3,500+
3rd Offense
Jail: 180 days
Suspension: Driving - 10 years
Boating - 10 years
Fines: $1,000
Surcharges: $5,000+
If you, a family member or friend has been charged with B.U.I or a D.U.I., call my office for a free consultation.
All the Best!
Randy C. Redden
(856) 448-6200
(888) 641-3434
(ALCOHOL ON THE WATERWAYS)
It’s that time of year. People getting their boats and watercraft ready for summer at the shores or the rivers of New Jersey. Vacations or weekend getaways are the times to relax, decompress and enjoy the weather. And, many times this means boating or fishing with friends and enjoying alcohol. What many people don’t know is that you can be cited for B.U.I., if you operate a boat or other vessel under the influence of alcohol.
1. What is B.U.I/B.W.I?
N.J.S.A. 12:7-4. is the statute that bans anyone from having a blood alcohol content level of 0.08% or higher while operating a boat or other water vessel faces the same punishments as a DWI in New Jersey. This applies to boats, sailboats, powered vessels, and personal watercraft. Both the New Jersey State Police and the United States Coast Guard patrol New Jersey’s waterways for BUIs.
2. What Constitutes BUI?
Boating under the influence is defined as operating a vessel on any waterway including the Ocean, lakes, rivers, inlets, lagoons, streams, canals while:
* having a blood alcohol content (BAC) of .08 percent for a recreational water vessel
* having a BAC of .04 percent for a commercial vessel
* having a BAC of .01 for aquaplanes and water skis
* refusing to submit to a breath test
3. The Consequences of a BUI/BWI are Serious!
If a person is convicted of boating under the influence, they will lose both their boating and driving privileges. The length of suspension of driving privileges is the same as the suspension periods for DUIs. Also, a refusal to submit to a breath test will also result in a period of suspension of both boating and driving privileges. And, a boating under the influence conviction will also count as a prior DUI conviction, for someone later charged with a DUI. .What are the penalties for boating while under the influence?
*BAC means Blood Alcohol Content
1st Offense (BAC .08-.099%)
Jail: up to 30 days
Suspension: Driving - 3 months
Boating - 1 year
Fines: $250-$400
Surcharges: $3,500+
1st Offense (BAC over .10%)
Jail: up to 30 days
Suspension: Driving - 7 months -1 year
Boating - 1 year
Fines: $300-$500
Surcharges: $3,500+
2nd Offense
Jail: 2-30 Days
Suspension: Driving - 2 years
Boating - 2 years
Fines: $500-$1,000
Surcharges: $3,500+
3rd Offense
Jail: 180 days
Suspension: Driving - 10 years
Boating - 10 years
Fines: $1,000
Surcharges: $5,000+
If you, a family member or friend has been charged with B.U.I or a D.U.I., call my office for a free consultation.
All the Best!
Randy C. Redden
(856) 448-6200
(888) 641-3434
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