When you’re out on the water, enjoying a day of fun and relaxation, it might not seem like a big deal to have a couple of drinks and then hop on a jet ski. However, operating a jet ski after consuming alcohol can lead to serious legal consequences. Many people are unaware that driving a jet ski while under the influence is treated similarly to driving a car under the influence.
What Is BUI or OUI?
Driving a jet ski after drinking falls under boating under the influence (BUI) or operating under the influence (OUI) laws. These terms are used to describe the act of operating any watercraft while impaired by alcohol or drugs. Similar to DUI laws for vehicles, BUI and OUI laws are strictly enforced to ensure safety on lakes, rivers, and oceans.
The penalties for BUI or OUI are comparable to those for a DUI, and you can face serious legal consequences if found to be under the influence while driving a jet ski.
What Happens if You Get Pulled Over?
Just like on the road, police patrol waterways and may stop you for a safety check or if they suspect impaired operation. If they believe you’re under the influence, they may ask you to submit to a breathalyzer or blood test to determine your blood alcohol content (BAC). In many places, the legal limit for BAC is 0.08%, and if your test results are above this limit, or if you appear to be under the influence of drugs, you could be arrested for BUI or OUI.
In some cases, officers may stop you at an OUI checkpoint, where they can conduct random tests to ensure that people operating watercraft are not impaired. Even if you’re not driving recklessly, these checkpoints are a common method used to enforce boating laws.
What Are the Penalties for OUI?
OUI penalties are often similar to those for DUI offenses. If you’re convicted, you could face:
- Jail time
- Hefty fines
- Mandatory attendance at DUI or alcohol education classes
- Loss of boating privileges
The severity of the penalties will depend on factors like your BAC level, whether anyone was injured, and your prior criminal history. Even a first-time offense can result in significant consequences, so it’s important to take the charges seriously.
How to Respond After an OUI Arrest
If you’re arrested for OUI while driving a jet ski, the first step is to seek legal assistance immediately. Acting quickly can prevent a conviction, and with the right defense, it may even be possible to have your charges reduced or dismissed. Consulting with a skilled attorney at Law Office of Michael L. Fell can help you understand your options and prepare a defense tailored to your case.
Potential Defenses to OUI Charges
There are various defenses that may be available, depending on the circumstances of your case. Common defenses include:
- Challenging the accuracy of the breathalyzer or blood test results
- Proving the stop was unlawful or that there was no probable cause
- Arguing that your BAC level was below the legal limit at the time you were operating the jet ski
An experienced lawyer at Law Office of Michael L. Fell can evaluate the details of your case and determine the best approach for your defense.
If you’ve been charged with OUI while driving a jet ski, don’t wait—contact Law Office of Michael L. Fell at (949) 585-9055 to discuss your case and explore your legal options.