When enjoying a day out on Puget Sound, it’s tempting to crack open a beer or mix a cocktail. However, drinking and operating a boat can lead to serious legal trouble. Boating under the influence (BUI) carries hefty criminal penalties in Washington, affecting everything from your finances to your personal freedom.
If you have been charged with a BUI in Tacoma, contact our Tacoma criminal defense lawyer to discuss your legal options. Schedule your free consultation today.
What Is Boating Under the Influence in Washington?
In Washington State, operating a vessel while impaired by alcohol, marijuana, or any other drug is a criminal offense under RCW 79A.60.040. Vessel covers virtually any watercraft on the water, excluding only items like inner tubes and small flotation toys. Both state and federal authorities have jurisdiction to enforce these laws on open water.
You can be charged with a BUI if your breath or blood alcohol concentration is 0.08% or higher, your THC concentration is 5.00 or above, or if you are deemed to be affected by an intoxicant. You can still face a BUI charge even if your breath test result falls below the legal limit, or if you refuse testing altogether.
Penalties for a BUI Conviction in Tacoma
A BUI is classified as a gross misdemeanor in Washington. That means a conviction could result in up to 364 days in jail and fines reaching $5,000. Beyond those immediate consequences, a criminal record can create lasting obstacles in your personal and professional life. The court may also order restitution for any damages or injuries connected to the offense.
Common Defenses Against a BUI Charge
If you are arrested for a BUI in Tacoma, you have the right to challenge the evidence against you. A Tacoma criminal defense attorney will carefully review the circumstances of your arrest and identify weaknesses in the prosecution’s case, such as:
- An improperly calibrated breathalyzer device that produced inaccurate or unreliable readings
- An officer who lacked the proper training or certification to administer the breath test correctly
- An underlying medical condition that triggered a false positive on the breath test
- Field sobriety evaluations performed on a moving vessel, where natural rocking and instability make the results inherently unreliable
- A failure by law enforcement to inform you of your legal rights at the time of your arrest
What to Do After a BUI Arrest in Tacoma
Being arrested for BUI can be a disorienting experience, but the steps you take in the days ahead are very important. Here is what you should do:
- Speak with a local defense attorney right away. Reach out to a Tacoma lawyer experienced in BUI cases who can evaluate your situation and begin building a strategy.
- Exercise your right to remain silent. Avoid discussing the details of your case with anyone other than your attorney to protect yourself from self-incrimination.
- Document everything you remember. Write down every detail about the arrest, including your interactions with law enforcement, the conditions on the water, and the timeline of events.
- Follow all legal instructions carefully. Comply with your attorney’s guidance, attend every court hearing, and submit the required paperwork on time.
Contact a Tacoma Criminal Defense Attorney Today
Boating under the influence carries real consequences, but a strong defense can protect your rights and your future. If you are facing a BUI charge in Tacoma, trust The Law Offices of Mark S. Treyz to stand by your side. With decades of experience defending clients throughout Tacoma, we will work to protect your rights and pursue the best possible outcome. Contact us today to schedule a free, confidential consultation.