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Maine Boating Under the Influence Defense Attorneys

Nearly everyone is familiar with the terms OUI, DUI, or DWI. These terms represent the act of driving a vehicle under the influence of drugs or alcohol. Fewer people, however, are familiar with the similar term, BUI, which stands for boating under the influence of drugs or alcohol.
Boating Under the Influence (BUI) Defense Lawyers in Maine Located in Kennebunk & Portland

People treat a beer on the water differently from a beer in the car, and the law does not. Operating a watercraft under the influence is a criminal charge in Maine, it is enforced actively through the summer, and a conviction goes on the same record as any other crime.

Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.

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What BUI covers

It applies to operating a watercraft while under the influence, and “watercraft” is broader than most people assume. It is not limited to powerboats. The same limit that applies on the road applies on the water.

The enforcement is different, though, and that difference matters. On the road an officer needs a reason to stop you. On the water, safety and registration checks are a normal part of how the Maine Warden Service and Marine Patrol operate, which means the encounter often begins lawfully for reasons that have nothing to do with suspicion of impairment.

Where the roadside playbook does not apply

This is the genuinely distinctive part of a BUI case, and it is where these charges are won.

The standard field sobriety tests were designed and validated for a person standing on solid ground. Someone who has spent six hours on a boat in chop, in the sun, with wind and glare and the motion of the deck, will perform badly on a balance test whether or not they have had a drink. That is a recognized phenomenon, not an excuse, and it undermines the officer’s observations in a way that is much harder to argue on a roadside.

Sunburn, dehydration, engine noise and fatigue produce the same signs an officer is trained to read as impairment: flushed face, red eyes, unsteadiness, slow responses. A careful cross-examination of what the officer actually saw, against the conditions they saw it in, is the core of the defense.

Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.

Penalties for boating under the influence

A BUI carries a fine, a period during which you may not operate a watercraft, and the possibility of jail, with the exposure rising on a second or subsequent offense and sharply where someone was injured.

The question clients ask immediately is whether it touches their driver’s license. Thankfully, the answer is no. BUI cases fall under Title 12, which is the Fish and Game code, while OUI cases fall under Title 29-A, which is the motor vehicle code.

Implied consent applies on the water too

Refusing a chemical test after a BUI arrest carries its own consequences, as it does on the road. Our page on refusing a chemical test in Maine sets out how that works, and the warning requirements are a common point of failure in these cases because they are given less routinely than in roadside stops.

Not the same as snowmobile or ATV OUI

Maine charges operating under the influence on a snowmobile or ATV separately, and the penalties and license consequences differ. If your case involves a sled or a quad rather than a boat, call us and we will explain the rules that apply.

Talk to a Maine BUI lawyer

If you were arrested on the water, the conditions you were in are evidence, and they are easier to establish while the day is fresh. Call The Maine Criminal Defense Group at (207) 571-8146.

Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.

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About William Bly
Legal Expertise in Maine You Can Trust
Managing Attorney William Bly at The Maine Criminal Defense Group

William Bly is considered one of the leading OUI/DUI & criminal defense attorneys in Maine, with over 20 years specializing in defending Operating Under the Influence (OUI) cases & serious criminal offenses. As the founder of The Maine Criminal Defense Group, Attorney Bly has dedicated his career to defending individuals accused of crimes, offering aggressive and skilled representation to clients in Androscoggin, Cumberland, Franklin, Kennebec, Knox, Lincoln, Oxford, Penobscot, Sagadahoc, and York Counties.

With advanced certifications, including Evidentiary Breath Alcohol Technician and Field Sobriety Instructor, certified Intoxilyzer 5000 operator, as well as a degree from the National College for DUI Defense, Attorney Bly is uniquely qualified to challenge OUI evidence and secure favorable outcomes for his clients. Recognized as a New England Super Lawyers Rising Star and an AVVO Top DUI Attorney & recipient of AVVO's Client's Choice Award, he is known for his tenacity, expertise, and commitment to protecting his clients' rights & freedom.

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