Boating Under the Influence in Colorado
Driving a motor vehicle anywhere in Colorado after drinking alcohol can result in a drunk driving-related charge, from driving while ability impaired (DWAI) to driving under the influence (DUI). While most motorists know that they can be arrested for a DWAI or DUI in connection with drinking and driving — and can face serious consequences — it is critical to know that there are also criminal charges related to operating a boat or vessel under the influence. Boating under the influence (BUI) is similar to a DUI in Colorado, and it is essential to hire a defense lawyer if you are facing charges. Our Denver drunk driving defense attorneys can explain in more detail.
Understanding BUI Law in Colorado
Under Colorado Revised Statute Section 33-13-108.1, a person can face misdemeanor charges for “operating a vessel while under the influence” if they are operating or in actual physical control of any type of boat while they are under the influence of alcohol or a controlled substance. The law applies to the operation of any vessel, including a “motorized, wind-powered, or flying vessel.”
Even that definition supplied by the statute does not list all types of “vessels” that are included in the definition. Operating any kind of vessel (a boat, a jetski, etc.), and whether you are in control of a motor or merely using paddles (on a motorboat or in a kayak, for example), you can face BUI charges. To be clear, the law does not apply only to boats, or only to vessels of a certain size. You can also face charges even if the vessel is not moving at the time, and even if you do not have the engine turned on.
You can be convicted of a BUI if you have a blood alcohol concentration of 0.08 percent or higher, or if you are otherwise under the influence of alcohol or a controlled substance.
Express Consent Applies to Boating
You should know that, if you are driving in Colorado and arrested for a DWAI or DUI, you have given express consent (commonly called implied consent in other states) to submit to a chemical test to determine your blood alcohol concentration, like a blood or breath test. The same is true for boating. As soon as you decide to operate a vessel of any type, you can be required to submit to a chemical test if there is probable cause. Similar to a DWAI or DUI situation, you should be able to choose between a blood test or a breath test.
Although you will not face the same administrative consequences and driver’s license suspension for refusal to submit as you would after being arrested for DWAI or DUI, the refusal can be used against you at trial.
Penalties for BUI in Colorado
Penalties for a BUI in Colorado can be serious. For a first-time misdemeanor conviction, you can face up to $1,000 in fines and up to one year in jail.
Contact a Denver DUI Defense Lawyer
If you are facing BUI charges, you should reach out to an experienced Denver DUI defense attorney at DeChant Law as soon as possible. Although you are not at risk of losing your driver’s license like you would be in a DWAI or DUI case, you are still facing potentially serious consequences if you are convicted. Contact us today to find out more about defending against BUI charges in Colorado.
Source:
casetext.com/statute/colorado-revised-statutes/title-33-parks-and-wildlife/parks/article-13-vessels/section-33-13-1081-operating-a-vessel-while-under-the-influence-definitions
