BUI / BWI

Boating Under the Influence (BUI), Boating While Intoxicated (BWI) Defense in Taney County, Missouri 

Missouri’s lakes and waterways are a source of recreation and enjoyment for many. However, operating a boat while under the influence of alcohol or drugs can turn a day of fun into a legal nightmare. Boating under the influence (BUI), also known as boating while intoxicated (BWI), is a serious offense in Missouri, and Taney County law enforcement takes these cases seriously, especially in areas like Table Rock Lake and Lake Taneycomo. The penalties for BUI or BWI are significant and can have a lasting impact on your life.

At Scrivner Law Firm, LLC, we understand the complexities of BUI charges and are committed to providing strong, effective legal representation to individuals accused of boating under the influence in Taney, Stone and Christian counties. Our experienced attorney and former prosecutor, Dayrell Scrivner, will work diligently to protect your rights, challenge the evidence, and achieve the best possible outcome for your case.

What is Boating Under the Influence (BUI)?

Boating under the influence (BUI), or boating while intoxicated (BWI), refers to the act of operating a watercraft while impaired by alcohol or drugs. In Missouri, it is illegal to operate any vessel on the state’s waterways while intoxicated. This applies to motorized boats, sailboats, jet skis, and even non-motorized watercraft like canoes and kayaks.

Under Missouri law, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is:

• 0.08% or higher for individuals operating a motorized vessel (same as driving a car).
• 0.04% or higher for commercial boat operators.

In addition to alcohol, impairment can result from illegal drugs, prescription medications, or any substance that affects a person’s ability to safely operate a vessel. If you are arrested for BUI, you could face severe penalties, including fines, jail time, loss of boating privileges, and more. At Scrivner Law Firm, LLC, we are here to help you navigate these charges and protect your rights.

Common Boating Under the Influence Scenarios

In Taney County, with its many lakes and rivers, BUI cases are relatively common, especially during the busy summer months when tourists and locals alike enjoy the water. Law enforcement officers often patrol the waterways looking for signs of impaired boating. Some common scenarios that may lead to a BUI charge include:

• Holiday or Weekend Boating: Holiday weekends such as Memorial Day, Fourth of July, and Labor Day see increased boating activity and alcohol consumption. Law enforcement presence is heightened during these times, increasing the likelihood of BUI arrests.
• Boating Accidents: If you are involved in a boating accident and law enforcement believes that alcohol or drugs were a factor, you may be tested for impairment and charged with BUI.
• Routine Safety Checks: Officers often conduct routine safety checks on boats to ensure compliance with state laws, such as the proper use of life jackets and other safety equipment. During these checks, if officers suspect impairment, they may conduct field sobriety tests or breathalyzer tests.

Even if you have had only a small amount of alcohol, law enforcement may still charge you with BUI if they believe you are impaired. If this happens, it is critical to contact an experienced Taney County BUI / BWI lawyer to help defend against the charges.

Penalties for Boating Under the Influence in Missouri

A BUI / BWI conviction can lead to serious consequences, which vary depending on whether it is a first offense or if you have prior convictions for BUI or driving under the influence (DUI). At Scrivner Law Firm, LLC, we understand how important it is to minimize these penalties and protect your future.

First Offense

A first-time BUI offense in Missouri is typically classified as a Class B misdemeanor, which may result in:

• Up to six months in jail.
• Fines of up to $1,000.
• Suspension of boating privileges.

Second Offense

A second BUI conviction is more severe and is classified as a Class A misdemeanor, which may result in:

• Up to one year in jail.
• Fines of up to $2,000.
• Longer suspension or revocation of boating privileges.

Third or Subsequent Offenses

For individuals with multiple prior BUI or DUI convictions, a third BUI offense may be charged as a felony, leading to:

• Prison time of up to four years.
• Hefty fines.
• Permanent loss of boating privileges.

In addition to these criminal penalties, a BUI conviction can also result in increased insurance rates, a permanent criminal record, and the loss of employment or professional licenses.

Field Sobriety and Chemical Testing for BUI / BWI

If a law enforcement officer suspects you are boating under the influence, they may ask you to perform field sobriety tests (FSTs) or submit to a breathalyzer or blood test to measure your blood alcohol concentration (BAC). However, field sobriety tests on the water can be highly unreliable due to the natural movement of the boat, weather conditions, or fatigue from a long day on the water. Our Taney County BUI / BWI defense lawyer will carefully evaluate how the tests were administered and whether they were conducted properly.

Missouri also has an implied consent law, which means that by operating a boat on Missouri waters, you consent to chemical testing if an officer suspects you are under the influence. Refusing to submit to a breath or blood test can result in additional penalties, including automatic suspension of boating privileges.

Defenses Against BUI Charges

At Scrivner Law Firm, LLC, we have extensive experience defending clients against BUI charges. Every case is unique, but some of the most common defense strategies we use include:

1. Challenging the Field Sobriety Tests

Field sobriety tests performed on the water can be unreliable due to the motion of the boat and environmental factors. Our attorneys will examine whether the tests were conducted under appropriate conditions and whether the results are admissible.

2. Questioning the BAC Test Results

Breathalyzer and blood test results are not always accurate. Factors such as improper calibration of the equipment, human error, and medical conditions (such as acid reflux) can affect the results. We will carefully review the testing procedures to ensure that your rights were not violated.

3. Improper Stop or Arrest

Law enforcement officers must have reasonable suspicion to stop and investigate a boat for BUI. If the stop or arrest was conducted without proper legal grounds, we may be able to challenge the charges based on an unlawful stop.

4. Medical Conditions or Prescription Medications

Certain medical conditions or prescription medications can mimic signs of intoxication. If this is the case, we may present evidence to show that your behavior was due to a medical condition rather than alcohol or drug use.

5. Lack of Evidence

In some cases, the prosecution may not have sufficient evidence to prove that you were impaired while operating the boat. We will thoroughly investigate the circumstances of your arrest to determine if the evidence is weak or unreliable.

Why Choose Scrivner Law Firm, LLC?

When you are facing BUI charges, having an experienced and dedicated attorney on your side can make all the difference. At Scrivner Law Firm, LLC, we offer:

• Experienced Legal Representation: Our former prosecutor, Dayrell Scrivner, has years of experience defending clients against BUI and DUI charges in Taney County, Missouri. We understand the local laws, courts, and prosecutors, giving us the insight needed to build a strong defense.
• Personalized Attention: We take the time to listen to your side of the story, gather evidence, and develop a defense strategy tailored to your unique situation.
• Aggressive Defense: We will fight tirelessly to challenge the evidence against you, reduce the charges, or seek a dismissal whenever possible.

Contact Scrivner Law Firm, LLC for a BUI / BWI Defense Consultation

If you have been arrested for boating under the influence in Taney, Stone or Christian counties, don’t wait to get the legal help you need. The consequences of a BUI conviction can be severe, and having the right legal team on your side is crucial to protecting your rights and your future.

Contact Scrivner Law Firm, LLC today to schedule a consultation with our experienced Taney County BUI / BWI lawyer. We will review your case, explain your options, and work with you to develop a strong defense.