NC Boating under the influence

[instant22]

I'm not sure what the right forum for this topic would be, or if this forum even discusses such topics but,

I was recently charged with boating under the influence of an impairing substance in North Carolina. In addition, I was also charged with possession of alcohol by a person under 21 years of age (I'm 20). ALSO (bad day huh?) I was charged with not having enough PFD's on the boat.

Does anyone have ANY insight on what sorts of consequences I can/will likely face? It seems so far from pokin' around google that I'll mainly be heavily fined (~$500-$1000 for the BUI, and maybe $500 or so more from the other two charges.) There are circumstances in which jail time can result, but this seems highly unlikely.

If you or a loved one has faced similar charges, or you know anything about said situation, please contact the reply button located in this thread.

Thanks

 

[SteelerFan420]

Re: NC Boating under the influence

Around here they take your drivers license too.Treated the same as a DUI.My one and only DUI in 1993 cost me $4500.00 and loss of driving privileges for 6 months,48 hours in jail.My first and last DUI.

 

[instant22]

Re: NC Boating under the influence

That seems like GREAT information, and I'm not sure where you found it, but are you able to provide similar information regarding a BUI (Boating Under the Influence?) This was exactly the sort of thing I'd been searching for, but with a BUI. The information you've linked looks like it only discusses DUI consequences.

Thanks for your help!

 

[SteelerFan420]

Re: NC Boating under the influence

After more research it seems all states now prosecute BUI as a DUI.To protect your driving privileges and your freedom, hire a highly skilled DUI attorney to represent your case for boating under the influence.

 

[instant22]

Re: NC Boating under the influence

I'm nearly positive that it isn't treated the same as a DUI. This is what the police officers told me more than once. They could have been wrong, but I would hope not. It's certainly seems to be a popular assumption and in many states I believe this is the case, but I'm pretty sure in North Carolina it isn't the same. I'll keep huntin'

Thanks again for helpin' me out

 

[JB]

Re: NC Boating under the influence

My only advice is to appreciate how lucky you are that you are still alive and haven't killed anyone's little girl or mother.

You will get some unpleasant consequences, then a second chance to do it right. Please don't blow it.

 

[SteelerFan420]

Re: NC Boating under the influence

This was printed in 2009,can't confirm if anything has changed.Either way like JB says consider yourself very lucky.One mistake could have landed you in prison for many years if not decades.


http://www.capefearcriminalattorney.com/docs/nl0909.pdf

 

[GA_Boater]

Re: NC Boating under the influence

My only advice is to appreciate how lucky you are that you are still alive and haven't killed anyone's little girl or mother.

You will get some unpleasant consequences, then a second chance to do it right. Please don't blow it.

JB has the best reply to your situation. The penalties listed are for of age violators, which you are not. It's gonna be worse. And expensive!

 

[instant22]

Re: NC Boating under the influence

I am well aware that actions similar to mine could lead to much worse outcomes (for fathers and sons as well.) I'll certainly always consider what I've done, and I have most definitely learned from the event, however I was hoping this forum could help to answer the legal rather than moral issues regarding my situation.

GA_Boater, though the penalties listed in most places you look are in fact for of-age violators, in North Carolina most alcohol-related offenses are actually lesser in punishment, however if you are sourcing something credible, let me know! The additional underage possession charge is usually what gets tacked on to something like this, but again, I am still trying to find specific information relating to boating.

I suppose what I'm really hoping someone can tell me is if they have credible information on these specific charges (not lawyer descriptions) or if anyone has been charged with, or knows someone who has been charged with a BUI in North Carolina.

Thanks for the replys

 

[roscoe]

Re: NC Boating under the influence

http://www.northcarolinadwilaws.com/northcarolinaboatingundertheinfluence.html


It is important to understand that BWI is a separate and distinct criminal charge from Driving While Impaired. The punishments, at least on a statutory basis, are set from a different sentencing category. Driving While Impaired is separate and distinct.

 

[npd4432]

Re: NC Boating under the influence

After more research it seems all states now prosecute BUI as a DUI.To protect your driving privileges and your freedom, hire a highly skilled DUI attorney to represent your case for boating under the influence.

Not here in PA. The BUI law mirrors the DUI law with the exception of losing your boating privileges for a one year period, not your drivers license.

 

[greenbush future]

Re: NC Boating under the influence

Same in Michigan, you drink and boat; you loose your driving privileges on the road and the boat. Usually first offence is going to run $10K after everyone takes a bite out of your wallet. Then you will attend alcohol classes, loose your license or maybe have it restricted for 6-12 months and your insurance will go through the roof. Could have to be random tested, and you will pay for your probation services. That is just for driving drunk, the other charges you listed will be in addition to DUI. Your attorney will be the best person to answer the ? you have because it may well be different in your state.

 

[scrit9mm]

Re: NC Boating under the influence

After more research it seems all states now prosecute BUI as a DUI.To protect your driving privileges and your freedom, hire a highly skilled DUI attorney to represent your case for boating under the influence.

Here in Alabama they are two totally seperate things. Your drivers license is not effected by a BUI

However, instant22 I highly reccommend you hire an attorney. It may cost a little up front but you have someone who is well versed in court situations, it's all about "how" you go about it.

 

[bigdee]

Re: NC Boating under the influence

In NC boating violations have nothing to do with driving laws............Two entities altogether, DMV & WRC. The WRC fines are usually set in stone and are very hard to fight in court. Save the $$ that you would pay for a lawyer and suck the fines up.

 

[scrit9mm]

Re: NC Boating under the influence

In NC boating violations have nothing to do with driving laws............Two entities altogether, DMV & WRC. The WRC fines are usually set in stone and are very hard to fight in court. Save the $$ that you would pay for a lawyer and suck the fines up.

Bad idea.

It's not all about the fines. I'm not sure about NC because the laws are different everywhere. I do know for a fact that if the BWI goes on your permanant record your future employers may see this on a background check and decide you are a liability. When you pay the fine's you are admitting guilt, so it will be on your record. Talk to people you know in the area, surely someone you know has had to hire a attorney. He will more than likley be able to negotiate some sort of class or community service in lieu of admitting guilt. You are only 20 so think how this will affect you in 5-10 years. You do not want any "mark" on your record.

 

[aspeck]

Re: NC Boating under the influence

You are only 20 so think how this will affect you in 5-10 years. You do not want any "mark" on your record.

I agree, but that is something that should have been thought out BEFORE operating a boat under the influence.

I know you don't want moral lectures, but as a responder to accidents caused by stupid decisions, please use this as a learning experience and never put yourself in a position again where you are operating ANY KIND OF TRANSPORTATION after enjoying adult beverages (lawn mowers, bicycles, motorcycles, boats, cars, planes, ATV's, PWC's, etc.). Have responded to calls casued by DWI on most of these (planes are the exception) and not of them were pretty or enjoyable for the driver of the victims.

 

[GA_Boater]

Re: NC Boating under the influence

I am well aware that actions similar to mine could lead to much worse outcomes (for fathers and sons as well.) I'll certainly always consider what I've done, and I have most definitely learned from the event, however I was hoping this forum could help to answer the legal rather than moral issues regarding my situation.

GA_Boater, though the penalties listed in most places you look are in fact for of-age violators, in North Carolina most alcohol-related offenses are actually lesser in punishment, however if you are sourcing something credible, let me know! The additional underage possession charge is usually what gets tacked on to something like this, but again, I am still trying to find specific information relating to boating.

I suppose what I'm really hoping someone can tell me is if they have credible information on these specific charges (not lawyer descriptions) or if anyone has been charged with, or knows someone who has been charged with a BUI in North Carolina.

Thanks for the replys

Ok, here is my legal opinion since that is what you are asking for. You are not guilty and the charges will be dismissed. That is what you want to hear, so there it is.

Disclaimer: Not affiliated with the North Carolina Bar Association or certified in any legal specialty.

 

[bigdee]

Re: NC Boating under the influence

Very seldom does a boating violation end up in court unless there is injury or property damage. NC wildlife officers have higher authority than police officers and their cases are seldom disputed and most lawyers will tell you this upfront. Boating is considered a recreational priveldge in this state and you agree to accept the consequences for not obeying the law and judges here have little mercy on wildlife offenders. I don't know about other states but that is the way it is here.

 

[instant22]

Re: NC Boating under the influence

Though that's certainly what anyone in this situation would want to hear, this is not what I need. You're sarcasm isn't helping me answer the questions I've asked, and that's what I came to this forum to find, help.

I'll be talking to a couple lawyers soon and try to get a general consensus among them in conjunction with information I've gathered here and elsewhere. If anyone has any more useful information please continue to add it to this thread!

Thanks again

 

[drrpm]

Re: NC Boating under the influence

Internet advise is worth exactly what you pay for it. Talk to a lawyer who specializes in DUI. It probably won't get the charges dropped, but you don't know if the officer dotted all the i's and crossed all the t's. That can make a difference. Also, the defense lawyers and prosecuters know each other and work together so they'll frequently make a deal on lesser charges to save time and work. Lawyers are expensive but one could save you a lot in the long run.
I don't condone drunken vehicle operation, but most of us were young and did an occasional stupid or reckless thing and are now older and glad our lives weren't ruined by it. Learn from this and don't do it again.