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In Ohio, you can be charged with DUI for operating a boat while under the influence of alcohol or drugs. The charge sometimes is referred to as boating under the influence, BUI, or boating DUI. James F. Bogen, Attorney at Law, has been serving the Cincinnati area for more than a decade and has experience helping clients face these kinds of charges. He shares essential information about boating DUI so you will understand the consequences.

3 Facts About Boating DUI

In Ohio, boating under the influence is addressed in a separate statute from motor vehicle DUIs, and it carries similar penalties. There are some unique evidentiary issues that can be raised in boating DUI cases that usually do not apply to motor vehicle DUIs.

Anybody who boats or has ever been on a boat can tell you about the wobbly sensation that people tend to feel in their legs after being on a boat for a period of time. This sensation is not very noticeable while they are still out on the boat, but it is definitely noticeable when they first step onto dry land. This sensation is often referred to as “sea legs.” Speaking in layman’s terms, “sea legs” are widely believed to be caused by the constant movement of boat because of the waves in the water. When a person is on a boat for a period of time, the body will naturally adapt to this environment. When that person steps off a boat onto dry land, their body needs time to adapt to being back on land. This can call the validity of the field sobriety tests administered into question. To illustrate this point, try balancing on one leg with your supporting leg straight and your arms at your sides for 30 seconds. Then try it after being on a boat for a few hours.

According to medical professionals, being on a boat also affects the body’s equilibrium, further compromising the validity of the field sobriety tests. First, many professionals believe that this effect on the equilibrium (more specifically the fluid in the inner ear) skews the validity of the Horizontal Gaze Nystagmus Test. Second, there may also be issues regarding how this effect on equilibrium affects the validity of the other field sobriety tests (the walk and turn and the one-leg stand).

A first conviction for boating DUI is a first-degree misdemeanor. Penalties vary depending on the circumstances of each case, but convicted individuals could face up to $1,000 in fines, a six-month jail sentence, or a probation term as long as five years. Enlisting the help of a BUI or DUI attorney will ensure you get a solid defense that achieves the lightest penalty possible.

A boating DUI is not a charge to take lightly; you need representation from a skilled defense lawyer to ensure the best outcome. If you are dealing with a BUI charge, trust your case to James F. Bogen, Attorney at Law, in Cincinnati, OH. To arrange a consultation, call (513) 503-7251 or contact the firm via their website, where you’ll find more information about their DUI attorney. Check their Facebook and Twitter accounts for more tips and legal news.

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