Don't Let Boating 'Under the Influence' Spoil Fun on the Water

thebeacon.net
Wednesday, 27 May 2009 10:41
Heading out to enjoy a day of fun on the water this summer? If it involves boating, jet skiing or water skiing, you may want to think twice about the beverages you bring. More than half of all boating accidents involve alcohol or drugs. And with more than 17 million boats crowding our shorelines and inland lakes and rivers, our nation's waterways are second only to highways as the scene of accidental deaths in our country.Because of the dramatic increase in boating-related accidents involving alcohol and drugs, more states and the federal government are getting tougher on pleasure boaters and fishermen who operate boats under the influence, also cited as a BUI.

However, it can be an uphill battle, primarily because of open container laws that allow boaters to publicly display alcoholic beverages while in a boat, creating the perception that drinking while boating is OK.All states and the federal government have BUI laws, which are very similar to driving while intoxicated laws. That means it's illegal to operate a watercraft, from paddleboats, canoes, rowboats and personal watercraft to big bass boats and the largest commercial ships, under the influence of alcohol or drugs.

The U.S. Coast Guard and local law enforcement agencies cooperate to enforce stringent state and federal laws. Penalties can include large fines, suspension or revocation of boat operator privileges and even jail time -- just like driving a car under the influence and getting a DUI.While laws about operating a motor vehicle under the influence vary by state, there are strong similarities among most. Many states and the federal government presume that a person is operating a motor vehicle under the influence when a person's blood alcohol content (BAC) reaches 0.08 percent, but allow a jury to find a person is legally "under the influence" even when their BAC is below 0.08. A boat operator with BAC above 0.10 percent is estimated to be 10 times more likely to die in a boating accident than a sober operator. According to the U.S. Coast Guard, boating under the influence contributes to 34 percent of fatal boating accidents.

Like a DUI, law enforcement officials can pull a boat operator over on suspicion that the operator is under the influence. And, it is becoming increasingly common for local law enforcement officials to set up BUI checkpoints on the water, similar to roadside DUI checkpoints. Here are some tips from FindLaw.com on how to avoid a BUI and also stay safe on the water this summer.

1. Don't drink while operating a boat. Appoint a designated boat operator. Or, better yet, save all drinking activities until you are safely on land.

2. Be overly cautious on major holiday weekends. The weekends of Fourth of July and Labor Day are considered the deadliest weekends both on the water and on the road for accidents involving alcohol. Take extra care to use defensive boat operating skills during these weekends, and be aware that local law enforcement officials will step up their efforts to identify boaters who are under the influence.

3. Know your local boating regulations. If you trailer your boat to another state, or to Canada, read and clearly understand what the local regulations say about open containers of alcohol in a boat and BUI laws.

4. Beware of boater's fatigue. Hours on the water with exposure to noise, the sun, wind, glare and the vibration of the boat can produce an effect called boater's fatigue, which can affect a person almost as much as if they were legally drunk. Adding alcohol or drugs can multiply and intensify that effect.

5. Read the label on your prescription drugs. Common prescription medications, such as those to control blood pressure, could have side effects that could be multiplied by environmental factors such as too much sun. You can be charged with a BUI even if you haven't been drinking alcohol.

6. Wear your life vest. Because alcohol, combined with the elements, can impair your balance, wearing a life vest is a good idea. Many boating deaths and accidents could be avoided each year if boat operators and their passengers would simply wear their life vests. And don't forget -- most states have laws that require children to wear life vests at all times while on a boat.

7. Get a lawyer. Because defending against a charge of operating a boat under the influence requires an understanding of scientific and medical concepts, it's best to hire an attorney who specializes in DUI and BUI law.

Online driving course available for New York drivers

(Saratogian.com)

New York drivers are eligible for a 10 percent, three-year car insurance discount and a four- point reduction on their driving record after completing a new 320-minute online defensive driving course.

The Improv Aware Driver Course is the first of its kind to be approved by the state Department of Motor Vehicles and costs $48.95.

Saratoga County Clerk Kathleen Marchione confirmed that the online course would result in a reduction of four points on their driver’s licenses.

The course consists of 10 modules that feature video clips, text and graphics and cover subjects like basic traffic laws, DUI laws and seat belt use. Students may log in and out of the course 24 hours a day as long as it is completed within 30 days.

Upon completion, a certificate is mailed to students that can be submitted to their insurance company for the mandatory 10 percent discount. The state DMV is also notified so the driver’s point total can be reduced.

Every New York driver is eligible, regardless of their driving record.

The course is available at www.MyImprovNewYork.com.

DUI Attorney» Your Rights in a Dui

DUI Attorney» Dui.legalsteer.com


Driving while either intoxicated or drunk is dangerous and drivers with high blood alcohol content (BAC) are at increased risk of car accidents, highway injuries and vehicular deaths. Prevention measures evaluated include license suspension or revocation, impounding or confiscating vehicle plates, enforcing open container bans, increasing penalties such as fines or jail for drunk driving, mandating education for young people, and lowering legal BACs. Also discussed are safety seat belts, air bags, designated drivers, and effective practical ways to stay sober.Volunteer to be a designated driver. Never condone or approve of excessive alcohol consumption. Intoxicated behavior is potentially dangerous and never amusing. Don’t ever let your friends drive drunk. Take their keys, have them stay the night, have them ride home with someone else, call a cab, or do whatever else is necessary - but don’t let them drive! There are about 25,000 deaths a year, be careful with your friends and family in the car.

It is an unfortunate occurrence, however, in some cases, DUI rights are overlooked when you are arrested and charged for driving under the influence. Overlooking a person’s DUI rights is far too common and we are at a place in society where DUI rights are considered to be generally non-existent.

Regardless of why you are arrested or what you are charged with, you are innocent until proven guilty and your DUI rights should be continued, exercised and protected.

The most basic of your DUI rights is the right to representation (a lawyer or attorney). In many cases, the police will not acknowledge your right to representation, the protection of unlawful search and seizure, and more. The DUI rights have changed considerably, mostly due to public pressure, but they still exist. It is really important that if you are charged with a DUI that you insist on exercising your DUI rights. This will help increase your chance for a fair trial as well as prevent potentially embarrassing and catastrophic social and economic consequences.

If you are charged with driving under the influence, the best thing you can do is let the police know that you know what your DUI rights are.

You can refuse a handheld breathalyzer test and a field sobriety test. Your DUI rights also allow you to refuse to answer any questions including answering how many drinks you consumed.

However, DUI rights do not allow you to refuse your identity and they do not allow you to decline field testing at the jailhouse. When you are booked, ensure that you exercise your DUI rights and make a phone call to a friend, loved one who can find you a lawyer, or to the attorney themselves.

There are plenty of attorneys who specialize in DUI laws that are the best suited to represent you if you are charged with a DUI. Driving under the influence is a serious offense and can lead to many charges being laid against you, other than just DUI in some cases. A specialist lawyer in DUI law is the best person capable of representing you and ensuring that you get a fair trial.

Driving under the influence charges can be expensive and the consequences can be long lasting. Not only do you face criminal charges, you will also be fined, have to pay an attorney and maybe even lose your license. There are also long-term consequences to be charged with driving under the influence, and that can include severely raised insurance premiums or no insurance at all. While having an attorney is an additional expense, it is one you can ill-afford not to have – it could save you a great deal of time, money and heartache.

Your DUI rights are important – they are designed to prevent you from being charged falsely. In order to properly discuss your DUI rights, you should contact an attorney who specializes in DUI laws to help you.

How to Avoid A DWI If You Have Refused the Breathalyzer

Info Barrel

It truly is possible to avoid a DWI if you have refused the breathalyzer. In your state you may receive and OWI or DUI charge, which are basically the same thing. If you want to beat the case, it really depends on the details of the DUI arrest, but many people are able to pull it off. As you likely know, in many states, you can lose your driver's license for a full year for your first offense!! The court system may have it's flaws, but you still have a chance to avoid a DWI if you have refused the breathalyzer, and keep your driving record clean.

Refuse to answer the typical follow up questions asked by the officer to avoid a DWI if you have refused the breathalyzer. In most states, the officer is required to ask certain questions as a follow up. These questions will generally include how much you had to drink, where and when. Generally, you have the right to refuse to answer these DUI related questions, and in most cases, it's the wise thing to do. Keep in mind that these questions will be asked after you've been read your rights, so they can be used against you in court. The officer is generally mandated to ask by the state, so politely decline to answer the questions if you want to avoid a DWI if you have refused the breathalyzer.

Challenge the basis of the traffic stop itself to avoid a DWI if you have refused the breathalyzer. The officer must have a reason to stop you in the first place, and if you don't feel the traffic stop was justified, you may be able to beat the case. Keep in mind that the place to make this challenge is in court, not the booking station or out on the road. The judge is the one that will ultimately decide, so save your breath and wait until your day in court to try to avoid a DWI if you have refused the breathalyzer with this method.

Get yourself a decent lawyer. You can avoid a DWI is you have refused the breathalyzer this way. In fact, a decent DUI attorney may be able to get the charges dropped or greatly reduced. In some cases, simply agreeing to alcohol counseling is sufficient to get the charges dropped on a relatively week case. You can avoid a DWI if you have refused the breathalyzer this way, but it will cost you a few bucks. It's still a lot cheaper than a DUI, so it may wind up being more than worth the investment.

If you simply refuse to lawyer up, and insist on defending yourself, you may want to contact the DA that will be handling the case. You may be able to work out a plea bargain. This is a legitimate way to avoid a DWI if you have refused the breathalyzer.