Most people know that they shouldn’t drive down the street with an open container. Most people don’t get drunk and drive. Part of the reason is that there are laws that come with significant consequences if they do these things. In the state of California, it’s not against the law to drink on a boat. As a result, many people do it – it’s often part of the boating process.

The bad news is that those same people often don’t even know that it’s illegal to boat under the influence of drugs or alcohol. Whether you’re caught using drugs or drinking, you can’t do either while you’re piloting any type of boat. The good news is that if you do get charged with a BUI, there is help. At Law Office of Michael L. Fell, we have the experience you need to fight these charges. Read on to learn more and then reach out to us at (949) 585-9055 for a free legal consultation.

There are two main strategies to fight a boating under the influence charge

As we look for ways to defend your boating under the influence case, there are generally two main strategies we’ll consider. First, we’ll work to show that you weren’t actually under the influence. We can argue that yes you were drinking or using drugs but that you weren’t impaired and were capable of safely operating the boat.

Keep in mind that if you took a breathalyzer test and blow a 0.08 or higher, you are in violation of the law whether you believed (or could demonstrate) that you could safely operate the vehicle. That said, results of breathalyzers shouldn’t necessarily be taken at face value. A number of things can change the results. For example, the equipment could not be working correctly, or you may have had food or mediations that changed your results.

The second main method of fighting a boating under the influence case is to show that the police didn’t have reason to stop you. If you were legally and normally operating your boat, and you didn’t have open containers of alcohol or drugs out in plain view, then the officer may have stopped you and arrested you without cause. If that’s the case, then the charge shouldn’t stand. You can count on our offices to fight tirelessly for your Fourth Amendment rights.

Now is the time to get help from an experienced attorney

This is not a laughing matter. This is not a charge to just plead guilty to and hope that the consequences are nothing more than a fine. It guilty plea or conviction could result in serious penalties. That’s why you need a criminal defense attorney on your side. Reach out to Law Office of Michael L. Fell today at (949) 585-9055. We’ll start with a free legal consultation and will give you our best advice on how to proceed. You are not in this together. Get the help that will help you move forward.