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Kentucky’s Boating Under the Influence Law. What You Need to Know When You Are On The Water.

| May 30, 2014 | Uncategorized |

Boating Under the Influence (BUI) is a crime in the state of Kentucky. We actually have a single law that criminalizes both reckless operation of a boat and boating under the influence of alcohol or drugs. Fortunately, the penalties for BUI aren’t quite as steep as those for DUI, but they are still pretty hefty – a fine of $200 – $250 for a first offense, $350 – $500 for a second offense, and $600 – $1,000 for a third or subsequent offense. Third or subsequent offenses also carry the possibility of jail time. If you are convicted of BUI, you will also have to take a safe boating course. BUI can be proven in court the same ways DUI can:

  • A breath or blood test showing a Breath Alcohol Concentration (BAC) of .08 or higher (.02 or higher for those under 21).
  • Proof that the person is “under the influence” of alcohol, a phrase which has no special legal definition.
  • Proof that a person is under the influence of any substance or combination of substances “which impairs one’s driving ability.”
  • A blood test showing the presence of certain drugs without a prescription.
  • Proof that a person is “under the combined influence of alcohol and any other substance which impairs one’s driving ability.”

Interestingly, the law provides that mere refusal to take a breath or similar test in the boating context is an offense (refusal in the DUI context can be used as evidence of guilt, but is not by itself an offense). If you have questions about Boating Under the Influence, contact Edwards and Kautz to discuss it. Our attorney’s can help. Call us anytime 24/7 at 866-795-5087 or by filling out a FREE consultation form on this website.

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