Seafair 2009 Boating Under the Influence Emphasis Patrols Slated
As has happened every year recently at Seafair, the Washington State Patrol is joining with other law enforcement agencies to aggressively enforce Washington state's Boating Under the Influence (BUI) law. These agencies will be making arrests of persons suspected of boating under the influence and they will be given breath tests at the Washington State patrol's Mobile Impaired Driving Unit (MIDU-discussed at another blog on this website). The police authorities have set up facilities on the shores of Lake Washington to detain and process individuals who are arrested for boating under the influence.
Undoubtedly, many of the boaters have not reviewed Washington state's law regarding boating under the influence, and these boaters most likely have no idea of the penalties they potentially face. Here is Washington State's law regarding boating under the influence:
RCW 79A.60.040
Operation of vessel in a reckless manner — Operation of a vessel under the influence of intoxicating liquor — Penalty.
(1) It shall be unlawful for any person to operate a vessel in a reckless manner.
(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:
(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.
(3) A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
These boaters will be asked to submit to a breath test, the same as if they were arrested for DUI in Seattle or elsewhere in Washington State. However, unlike the DUI laws that regulate motor vehicles, there is no loss of driver's license for failing to submit to a breath test when arrested on suspicion of BUI. What many boaters do not know, however, is that refusing to submit to a breath test will be result in the Coast Guard presuming the boater to be under the influence of alcohol in a subsequent Coast Guard administrative hearing at which fines can be imposed.
Many of those arrested will be given the same field sobriety tests that are administered in the case of any Washington state DUI, and, surprisingly, sometimes these tests are administered on a boat, which almost certainly renders the results of these field sobriety tests suspect or simply unreliable. Accordingly, the BUI law states that "An arresting officer shall administer field sobriety tests when circumstances permit." A government-sponsored study regarding administration of field sobriety tests on the surface of a bobbing boat to be pretty much "as accurate" as the same tests administered on land, defying all logic and common sense.
One relatively unknown implication from an arrest and conviction for boating under the influence is that the Coast Guard can take administrative action against the accused, levying significant fines (up to $5,000) through an administrative process. (See also the penalty chart referencing BUI in the Code of Federal Regulations.) The administrative process does not carry with it the same protections that a citizen enjoys if accused of a crime in this state.
Boating Under the Influence used to be viewed as a relatively minor offense. Indeed, as a simple misdemeanor, it is the lowest level of crime that can be committed in Washington state with a maximum sentence of a $1000 fine and 90 days in jail. However, most citizens would not consider the potential of such jail time and fines to be "minor," and those citizens would be well advised to seek counsel familiar with BUI laws and procedures. Our firm has handled a number of BUI cases and is familiar with the nuances of the law impacting citizens who are accused of boating under the influence.
