In the state of Maine, a BUI is the same as an OUI in nearly all ways, except that the vehicle is on the water, not the roads. Just like driving under the influence, operating a watercraft is illegal when you’re impaired by drugs or alcohol.
You can be charged with a BUI for operating – or even attempting to operate – anything on the water, from motorboats and sailboats, to jet skis, to surfboards.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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Boating Under the Influence in Maine
In Maine, boating is a popular recreation, and plenty of people use their boats to work, as well. Boat U.S. Magazine listed Portland as one of their “Ten Great Boating Towns for Retirement,” and Maine fisheries regularly net more seafood than nearly all other states.
When boats and alcohol mix, however, the consequences can be deadly. The U.S. Coast Guard estimates that approximately a third of all boating deaths are caused by someone boating under the influence, and goes so far as to say that operating a boat while intoxicated is more dangerous than operating a car.
While this claim might surprise you, it could very well be true. Boating is more complex than driving – how a boat runs is affected by such factors as the currents and the wind – and many people are much more familiar with driving than boating.To many, driving is almost second nature. With these facts in mind, BUI becomes an important law to be familiar with.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Penalties for boating under the influence in Maine
You can be arrested for a BUI just like you can get arrested for an OUI. Instead of a police officer pulling over your car, it’s a member of Maine’s Marine Patrol or the Maine Warden’s Service, pulling over your boat and asking you to take a sobriety test and a breathalyzer.
Even the legal blood alcohol content (BAC) is the same for a BUI as it is for an OUI, at 0.08%. Even the “zero tolerance” law for underage drivers applies to underage boaters. If you’re under the age of 21 and operating a boat, any alcohol in your system can lead to your arrest.
The fines and jail times accompanying a BUI conviction, however, are slightly different:
| Fines | Jail Time | |
| 1st Offense | Minimum $400 | Minimum 48 hours (with an aggravating factor) |
| 2nd Offense | Minimum $600 | Minimum 7 days |
| 3rd or Subsequent Offense | Minimum $1,000 | Minimum 30 days |
If you’re a first-time offender, you could face jail time if there was an “aggravating factor” in your arrest. These aggravating factors include a BAC of 0.15% or higher, a failure to submit to an alcohol breath test, or a failure to stop when a uniformed officer signaled or requested you to stop.
In addition to a fine and potentially even jail time, you will also lose your boating license, and could even lose your driving license, as a result of a BUI conviction. Additionally, BUI offenders may be required to complete alcohol treatment programs through the Department of Health and Human Services.
Contact a BUI Defense Lawyer in Maine Today
A “boating under the influence” conviction will stay on your criminal history forever. In Maine, there is currently no process for “expungement” – the sealing of old, minor crimes from your criminal record – outside of the pardon of the Governor of Maine.
Getting the Governor to pardon your crimes, called “executive clemency,” is very, very rare, and never done for BUI or OUI convictions. If you are facing a BUI charge, and you lose, you will face the consequences forever. Call the Maine Criminal Defense Group at (207) 571-8146 or contact us directly online.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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