Boating in Colorado is an enjoyable way to spend time on the water. However, what starts as a fun day can quickly turn into a stressful situation if you are accused of Boating Under the Influence (BUI). Just like with a Driving Under the Influence (DUI) charge, operating a boat while impaired by alcohol or drugs is a serious offense in Colorado. BUI charges can lead to significant penalties, including fines, jail time, and the loss of boating privileges. If you find yourself facing a BUI charge, it is important to understand the key strategies for defending against these accusations to protect your rights and your future. At, Law Firm of Mark S. Hanchey , we are here to guide you through the legal process and help you navigate the complexities of your case.
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Free Consultation Download PDFUnderstanding a BUI Charge in Colorado
A BUI charge in Colorado involves operating a boat while under the influence of alcohol, drugs, or a combination of both. Colorado law states that a person is considered legally impaired if their Blood Alcohol Content (BAC) is 0.08 percent or higher while operating a boat. The legal limit is the same for a BUI charge as it is for a DUI charge. It is important to note that Colorado also has a zero-tolerance policy for minors operating boats under the influence. This means that individuals under the age of 21 can face a BUI charge if their BAC is above 0.02 percent.
Being accused of a BUI can feel overwhelming, but it is crucial to remember that being charged does not automatically mean you are guilty. The prosecution must prove several elements beyond a reasonable doubt. For instance, they must establish that you were in control of the boat and that your BAC was above the legal limit at the time of the incident. There are many defenses available to challenge these aspects of a BUI charge, and having the right defense strategy can make a significant difference in your case.
Challenging the Evidence of Impairment
One of the most common defense strategies in a BUI case involves challenging the evidence of impairment. The prosecution often relies on breathalyzer tests, blood tests, and field sobriety tests to prove that you were impaired while operating the boat. However, these tests are not always reliable, and they can sometimes be challenged in court.
For example, breathalyzer tests can produce inaccurate results if they are not properly calibrated or if the officer conducting the test does not follow the correct procedures. In some cases, certain medical conditions, such as acid reflux or diabetes, can also interfere with the accuracy of the results. Additionally, field sobriety tests, which are often used to assess a person’s balance, coordination, and ability to follow instructions, can be subjective and affected by factors other than alcohol consumption. For instance, the rocking motion of a boat or an individual’s physical limitations can impact their ability to perform well on these tests. An experienced attorney can scrutinize the evidence and identify weaknesses that can be used to challenge the prosecution’s case.
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Questioning the Legality of the Stop
Another important defense strategy in a BUI case is questioning the legality of the stop. In Colorado, law enforcement officers must have reasonable suspicion to stop a boat and investigate the operator for a BUI. This means that the officer must have observed something that led them to believe that the operator was under the influence, such as erratic driving or violating boating laws.
If the officer did not have reasonable suspicion to stop your boat, any evidence gathered during the stop, including breathalyzer or blood test results, may be inadmissible in court. Without this critical evidence, the prosecution’s case against you may be significantly weakened. Your attorney can investigate the circumstances surrounding the stop and determine whether the officer had a valid reason to pull you over.
Examining the Administration of Chemical Tests
Chemical tests, such as breath or blood tests, are often a key piece of evidence in a BUI case. However, for these tests to be considered reliable in court, they must be administered correctly according to specific protocols. If the test was not administered properly, or if there were issues with how the sample was handled, it could lead to the test results being challenged or even excluded from evidence altogether.
For instance, if the officer did not observe you for the required period before administering a breathalyzer test, the results might not be valid. Similarly, if there was a delay in taking a blood sample or if the sample was not stored or transported correctly, the accuracy of the test results could be called into question. Your attorney can carefully examine the details of how the tests were administered and handled to determine whether any procedural errors occurred.
Arguing Lack of Actual Control
To secure a conviction for a BUI, the prosecution must prove that you were in actual control of the boat at the time of the alleged offense. In some cases, you may be able to argue that you were not operating the boat or that you were not in control when the incident occurred.
For example, if the boat was anchored, docked, or not moving when you were approached by law enforcement, you might be able to argue that you were not in actual control of the vessel at the time of the stop. Additionally, if there were other people on the boat, it could be possible to argue that someone else was in control of the boat while you were a passenger or merely sitting in the operator’s seat but not driving. This defense can be particularly effective in situations where there is limited evidence showing that you were actively operating the boat.
Presenting Evidence of Sobriety
Another potential defense strategy involves presenting evidence that you were not impaired while operating the boat. This could include witness testimony from individuals who were with you on the boat or who interacted with you before or after the stop, indicating that you did not appear to be under the influence of alcohol or drugs.
Additionally, if you were operating the boat safely and following all applicable boating laws, this can serve as evidence that you were not impaired. It is important to remember that law enforcement officers sometimes rely on their own subjective observations when determining whether someone is under the influence, and these observations can be challenged with evidence to the contrary.
Negotiating a Plea Deal
In some cases, it may be in your best interest to negotiate a plea deal with the prosecution. While this may not result in a full dismissal of the charges, a plea deal can often lead to reduced penalties or lesser charges. For example, the prosecution may agree to reduce the charge to a lesser offense, such as reckless boating, in exchange for a guilty plea. This can help you avoid some of the more severe consequences associated with a BUI conviction, such as jail time or the loss of boating privileges.
An attorney with experience handling BUI cases can negotiate on your behalf and work to secure the best possible outcome for your situation. It is important to carefully consider all of your options before deciding whether to accept a plea deal or proceed to trial.
The Importance of Legal Representation in a BUI Case
Defending against a BUI charge in Colorado can be a complex and challenging process. The consequences of a conviction can be severe, including fines, jail time, and a criminal record. However, with the right legal representation, you can fight the charges and work towards a positive resolution.
An experienced attorney can help you understand the charges against you, develop a strong defense strategy, and advocate on your behalf in court. Whether it involves challenging the evidence, questioning the legality of the stop, or negotiating a plea deal, having a skilled attorney by your side can make all the difference in the outcome of your case.
If you are facing a BUI charge in Colorado, it is crucial to have a knowledgeable and experienced attorney on your side. The legal team at the Law Firm of Mark S. Hanchey is dedicated to providing strong defense strategies for individuals accused of Boating Under the Influence. With years of experience handling BUI and DUI cases, we are prepared to fight for your rights and help you navigate the legal process. Contact our office today to schedule a consultation and learn how we can assist you with your case.