 FLICKR/BluEyedA73 The Barrix Law firm has represented boaters and sportsman in drunk boating cases with a consistent record of success. The conviction of Drunk Boating does not result in driver license sanction and unlike auto cases the level of intoxication is at .10 not .08 as in a traditional drunk driving on the roadways. You are presumed impaired at .07 to .09 and there is a presumption of no impairment below .07.Michigan’s DUI boating law provides for sanctions against your ability to operate a boat. The statute also provides for civil infraction if you fail or refuse to take a Preliminary Breath Test (P.B.T.) test which would be a $100.00 fine plus court costs.
Failure to take the BAC Datamaster test at the jail could result in a suspension of your boating privlege for at least six months. Drunk boating can still result in jail time, depending on the facts of your case.
Drunk boating like drunk driving is a complex area of law that involves many of the same issues as drunk driving. The penalties however are not as tough as those for drunk driving and it also involves an understanding of the marine patrol and marine vessel operation laws.
We have had cases dismissed because of improper stops. Also the sobriety tests are not as reliable as the boater is on an unstable platform. Note even being requested to put on a life vest is a field sobriety test to see if you can do it without difficulty.
Below is a copy of the Michigan Law regarding DUI Boating
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994 324.80176 Operation of vessel by person under influence of intoxicating liquor or controlled substance; violation as felony; penalty. Sec. 80176 (1) A person shall not operate a vessel on the waters of this state if either of the following applies:
(a) The person is under the influence of intoxicating liquor or a controlled substance, or both.
(b) The person has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of this state by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(3) A person shall not operate a vessel on the waters of this state when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person’s ability to operate the vessel is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who operates a vessel on the waters of this state under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and by the operation of that vessel causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(5) A person who operates a vessel on the waters of this state under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and by the operation of that vessel causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb. DRUNK BOATING (b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb. DUI BOATING (c) Loss of an eye or ear or use of an eye or ear. RECKLESS BOATING (d) Loss or substantial impairment of a bodily function. MICHIGAN BOATING LAWS (e) Serious visible disfigurement. GREAT LAKES BOATING (f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
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Remember your cooler is your Ship store on your boat. If you want to know why this is important contact me. |
