With more than 200,000 registered watercraft in the state, it is clear that Oklahomans enjoy watersports. Oklahoma has over 35 beautiful lakes, providing plenty of places to spend a fun day, weekend, or week on the water.
However, it’s important to remember that fun comes with responsibility. Law enforcement agents actively patrol Oklahoma’s lakes to enforce the law and help ensure safety. Part of their job includes monitoring for those operating watercraft under the influence of alcohol or drugs. If you are operating a watercraft while under the influence of alcohol or drugs, you can be charged with a Boating While Under the Influence (BUI) offense.
It’s vital to understand that the risks associated with boating under the influence extend beyond legal consequences. Impaired judgment and slower reaction times can lead to accidents, injuries, and even fatalities. According to the U.S. Coast Guard, alcohol use is the leading contributing factor in fatal boating accidents.
The consequences of a BUI conviction can be severe and long-lasting. If you are facing a BUI charge, you need to seek the guidance of an experienced Oklahoma boating under the influence attorney. Contact Fabian & Young today to schedule a consultation. We can answer your questions and help you determine your best options.
Boating Under the Influence in Oklahoma
Many people are surprised to learn that you can be charged with operating a boat while intoxicated in Oklahoma. This offense is known as Boating Under the Influence (BUI) and is similar to a DUI for vehicles on roads.
The law governing BUIs is outlined in Oklahoma Statutes 63 § 4210.8, which essentially states:
It’s illegal to operate or have physical control of a vessel on public waters while:
- Having a blood or breath alcohol concentration of 0.08% or higher; or
- Being under the influence of any intoxicating substance that impairs one’s ability to safely operate the vessel.
Understanding BUI: Key Points
- “Operating” vs. “Actual Physical Control”: You can be charged with BUI not only when actively driving a boat but also when you have immediate access to it, even if it’s anchored.
- Types of Vessels: The law applies to various kinds of watercraft, including motorboats, sailboats, jet skis, and even sailboards. However, non-motorized craft like canoes and paddle boats are not included.
- Determining Intoxication: Law enforcement officers look for signs of impairment, such as slurred speech or bloodshot eyes. They may administer breathalyzer tests or, if drug use is suspected, request blood tests.
- Implied Consent: By operating a boat on Oklahoma’s public waters, you automatically consent to chemical testing. Refusing these tests can lead to more severe consequences.
Penalties for Boating Under the Influence
In Oklahoma, a BUI is classified as a misdemeanor. The penalties include:
- First offense: Fine up to $1,000
- Subsequent offenses: Fine up to $2,500 per incident
Unlike some states, Oklahoma currently does not suspend land vehicle driving privileges for BUI convictions. However, a BUI can still negatively impact your record and reputation.
Contact a Boating Under The Influence (BUI) Defense Lawyer in Oklahoma
We must all prioritize safety when enjoying Oklahoma’s beautiful waterways. Safety measures should include designating a sober operator for your watercraft, just as you would a designated driver on land. Remember, alcohol’s effects can be amplified by sun exposure, dehydration, and the motion of the water.
If you find yourself facing a BUI charge, it’s essential to understand your rights and options. Fabian & Young focuses on DUI and BUI cases and can provide experienced and knowledgeable guidance on navigating these legal waters.
Don’t let a momentary lapse in judgment cloud your future – reach out to a boating under the influence attorney in Oklahoma from Fabian & Young today to schedule a consultation to discuss your BUI case.