Criminal Defense Lawyer S. Joshua Macktaz, Esq.Schedule a Free Consultation
In a beautiful state like Rhode Island where the ocean is a way of life, Rhode Island Boating Under the Influence (BUI) arrests happen frequently. No worse way to end a great day on the water with friends and family than being boarded and arrested for BUI by either the Coast Guard, Rhode Island Department of Environmental Management (DEM), Rhode Island State Police or the Newport Police Department. Every one of those law enforcement bodies has officers assigned and trained to detect, investigate and arrest anyone suspected of Boating Under the Influence in Rhode Island waters. As a Newport resident and Rhode Island Boating Under the Influence Attorney, I have successfully defended many residents and tourists alike who have been arrested and charged with criminal cases on Rhode Island waters. This is a highly specialized area of Rhode Island criminal defense law and you need someone who has actually defended these cases in the past to aggressively defend you in Court.
Rhode Island’s Boating Under the Influence law is similar to Rhode Island’s DUI law. RI law does not provide penalties for boating while drinking alcohol…RI law penalizes drinking too much alcohol and operating a boat. And because the investigative techniques of law enforcement are so similar, charges of Boating Under the Influence in Rhode Island are easily defeated by an experienced, knowledgeable and aggressive Boating Under the Influence Attorney. Check out this link to Rhode Island’s Boating Under the Influence law.
“Sea legs” is a defense I have used with great success in every single Boating Under the Influence charge I have defended. Law enforcement has to justify seizing your boat and bringing you to shore for further criminal investigation. In order to obtain this justification, law enforcement attempts to conduct field sobriety tests on the boat after boarding. Clearly, the use of standardized field sobriety tests which test balance, etc. conducted on a boat is ripe for attack by an experienced and knowledgeable criminal defense attorney.
And other great legal issues arise whenever multiple law enforcement bodies are involved in one boating under the influence investigation. Coordination between federal, state and local law enforcement on a Rhode Island Boating Under the Influence criminal case in a courthouse months after summer has ended, always presents significant issues for prosecutors. Bottom line, I have the background and actual experience in defending Rhode Island Boating Under the Influence charges, and would be your best chance to beat the charges and avoid the harsh penalties allowed under RI law.
Rhode Island law sets the blood alcohol content limit for boating while intoxicated at 0.08% or greater. Rhode Island law establishes penalties for boating while intoxicated which are set according to the blood alcohol concentration (BAC) that is detected during the BUI investigation. Conviction in RI for a first offense Rhode Island Boating Under the Influence carries the following potential penalties: