Baltimore Boating Under the Influence Lawyer
A boating while under the influence charge can come with serious consequences here in the state of Maryland. An individual may be charged with operating under the influence (OUI) if an officer arrests the individual while their blood alcohol content is at .08% or higher. Since a boat is a motor vehicle, the charges for boating under the influence are similar to DUI charges.
Baltimore Boating Under the Influence Charges and Penalties
The following penalties can be issued to suspected OUI offenders:
Penalty for Operating a Boat or Vessel While Under the Influence
Operating a vessel while under the influence (Md. Natural Resources Code Ann. §8-738 (a)(1)) of alcohol in Maryland is defined as a misdemeanor.
A first conviction of operating a vessel while under the influence of alcohol carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.
A second conviction of operating a vessel while under the influence of alcohol carries a maximum penalty a fine of not more than $2,000.00 or imprisonment for not more than 2 years or both.
A third or subsequent conviction of operating a vessel while under the influence of alcohol carries a maximum penalty a fine of not more than $3,000.00 or imprisonment for not more than 3 years or both.
Penalty for Operating a Boat or Vessel While Impaired by Alcohol
Operating a vessel while impaired (Md. Natural Resources Code Ann. §8-738 (a)(2)) by alcohol in Maryland is defined as a misdemeanor.
A first conviction of operating a vessel while impaired by alcohol carries a maximum penalty a fine of not more than $500.00 or imprisonment for not more than 60 days or both.
A second or subsequent conviction of operating a vessel while impaired by alcohol carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.
Penalty for Operating a Boat or Vessel While Impaired by Drugs
Operating a vessel while impaired (Md. Natural Resources Code Ann. §8-738 (a)(3)) by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely in Maryland is defined as a misdemeanor.
A first conviction of operating a vessel while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely carries a maximum penalty a fine of not more than $500.00 or imprisonment for not more than 60 days or both.
A second or subsequent conviction of operating a vessel while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.
Penalty for Operating a Vessel While Impaired by a Controlled Substance
Operating a vessel while impaired (Md. Natural Resources Code Ann. §8-738 (a)(4)) by any controlled dangerous substance (Controlled Dangerous Substances “CDS” defined in Criminal Law Article 5-101), unless the person is entitled to use the controlled dangerous substance under the laws of the State of Maryland is defined as a misdemeanor.
A first conviction of operating a vessel while impaired by any controlled dangerous substance carries a maximum penalty a fine of not more than $500.00 or imprisonment for not more than 60 days or both.
A second or subsequent conviction of operating a vessel while impaired by any controlled dangerous substance carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.
Refusal of Breath Test While Operating a Vessel in Baltimore
In addition to potential incarceration and fines, the Court may prohibit a person convicted of a violation of subsection (a)(1) (operating or attempt to operate a vessel while under the influence of alcohol) of this section from operating a vessel on the waters of the State for up to 1 year if the person:
(i) Refused to take a test, as defined in § 16-205.1 of the Transportation Article, when requested by a police officer under subsection (b)(3) of this section; or
(ii) Was tested and the result indicated an alcohol concentration of 0.08 or more.
BUI Jail Time and Punishments in Maryland
In Maryland, somebody convicted of boating under the influence can experience the following consequences:
- Losing Boating License: In the state of Maryland, OUI offenders may lose their driver’s license temporarily or permanently – depending on a court-ruled sentence.
- Fine: Convicted OUI offenders may be fined up to $1,000 depending on a court’s ruling. This fine may increase if the offender has committed multiple OUI offenses.
- Jail Time: Convicted OUI offenders may be issued up to a year in jail time. Again, this sentencing depends upon a court decision. More jail time may be assigned to multiple-time offenders.
Boating Under the Influence Laws
Some of the common crimes charged if suspected of boating under the influence in Maryland include:
- Maryland Criminal Law 2-209 & 2-210;
- Maryland Criminal Law 2-503 & 2-504;
- Maryland Transportation Article 8-738, 8-738.1 & 8-738.2.
Baltimore Boating Under the Influence Lawyer Offering Free Consultations
An OUI is a criminal charge. If you’ve been accused of an OUI offense or boating under the influence, legal representation may aid you in reducing a charge, having a charge dropped entirely, or reducing a sentence. Hire a criminal defense lawyer through Rice, Murtha & Psoras . Our BWI lawyer has your interests in mind. We strive to use our extensive knowledge of the law to protect you from unfair charges, or harsh sentencing. You can count on our resources to aid you in reducing the severity of the consequences of an accused crime.
Contact a BUI attorney right away if you’ve been charged with an OUI. We can aid you from the moment you speak with a representative all the way through your court case. We know what your rights are and we can aid you in navigating your upcoming court proceedings. We’ll strive to ensure that you aren’t unnecessarily jailed or fined. We’re here to ensure that you aren’t illegally badgered by police. Know your rights; and protect yourself with backing from a criminal defense attorney here at Rice, Murtha & Psoras .
Call Rice, Murtha & Psoras today to speak with our criminal defense lawyer. We’re here to defend you as you navigate the court system.