BUI Attorney in Martinsburg

Charged with Boating Under the Influence? We Can Help

At The Criminal Law Center in Martinsburg, our dedicated team stands ready to defend you against Boating Under the Influence (BUI) charges. With over 65 years of combined criminal defense experience, we apply strategic planning, thorough investigations, and legal analysis to every case. Our approach is tailored to ensure you receive the best possible defense and outcome, allowing us to maintain our sterling reputation and numerous accolades in criminal law.

Understanding the nuances of BUI laws in West Virginia, particularly in the Martinsburg area, is crucial. Our familiarity with local waterways and common enforcement patterns provides an edge in assessing how your BUI charge might unfold. By examining the specifics of your case, including the conditions under which the arrest was made, we aim to uncover every detail that could aid your defense. This meticulous attention to detail often proves vital in challenging the prosecution's evidence and assumptions.

Speak with a seasoned BUI attorney in Martinsburg who has handled over 20,000 cases. Call (304) 262-9300 or contact us online today for your free consultation. Affordable, experienced, and ready to defend you.

Understanding West Virginia's Boating Under the Influence (BUI) Laws

West Virginia Code § 20-7-18b defines Boating Under the Influence (BUI). This statute applies to anyone operating a "motorboat, jet ski or other motorized vessel" or manipulating "water skis or a similar device." You can be charged with BUI if you operate such a vessel while:

• Under the influence of alcohol, any controlled substance, any other drug, or a combination thereof to a degree that impairs your ability to operate the vessel safely. This standard relies on observable impairment.
• Having an alcohol concentration in your blood of eight hundredths of one percent (0.08%) or more, by weight: This is the "per se" standard, mirroring DUI laws for motor vehicles on land.

Zero Tolerance for Underage Boaters (Under 21):

For individuals under the age of 21, West Virginia has a "Zero Tolerance" policy. If you operate a motorboat, jet ski, or other motorized vessel while having a BAC of 0.02% or more, you are guilty of a misdemeanor. This is a crucial distinction for younger individuals.

Penalties for BUI Convictions in West Virginia

The penalties for a BUI conviction in West Virginia are substantial and are designed to deter impaired boating. They escalate significantly with repeat offenses or aggravating factors.

For a first offense BUI (a misdemeanor), the penalties include:

• Classification: Misdemeanor.
• Jail Time: Not less than one (1) day nor more than six (6) months in county or regional jail. This jail term shall include actual confinement of not less than twenty-four (24) hours.
• Fines: Not less than $100 nor more than $500.
• Boating Privilege Suspension: The Commissioner of the Division of Motor Vehicles (DMV) (acting as the administrator of vessel registration) or the court may suspend your privilege to operate a motorboat, jet ski, or other motorized vessel for a period.
• Mandatory Safety and Treatment: You will likely be required to complete a BUI safety and treatment program.

Each subsequent offense brings harsher penalties. Additionally, a BUI conviction in West Virginia leads to a permanent criminal record, significantly limiting future employment, professional licenses, and boating privileges, as BUI convictions generally cannot be expunged. You'll likely face skyrocketing insurance rates, severe immigration consequences including deportation for non-U.S. citizens, and a notable social stigma. Additionally, a BUI conviction can enhance penalties for future DUIs, lead to vessel forfeiture, and almost invariably result in civil lawsuits from victims.

Key Strategies for Defending BUI Charges in West Virginia

Successfully defending against a BUI charge in West Virginia involves a multifaceted approach, challenging the prosecution's evidence and ensuring your rights were upheld throughout the process.

• Challenging the Legality of the Vessel Stop: Argue the stop lacked reasonable suspicion or probable cause, potentially leading to the suppression of all evidence.
• Disputing Marine Field Sobriety Tasks (FSTs): Highlight how vessel motion, environmental conditions, medical issues, or improper officer instruction could have affected performance, rather than impairment.
• Challenging Chemical Test Results (Breath, Blood, Urine):
  • Breathalyzer Calibration & Maintenance/Operator Error: Demand records and scrutinize adherence to proper protocols.
  • Rising BAC: Argue your BAC was rising after operation, meaning it was lower at the time of operation.
  • Medical Conditions/Physiological Factors: Present evidence of conditions that mimic impairment or affect test readings.
  • Chain of Custody/Lab Errors: Meticulously review handling and analysis of samples for contamination or errors.
  • Implied Consent Advisory Errors: Argue officer failed to properly advise consequences of test refusal/failure.
• No Actual Physical Control/Operation: Argue you were not "operating" or in "physical control" of the vessel while impaired (e.g., anchored, docked, not the operator).
• No Impairment Proven: For "under the influence" BUI, argue prosecution cannot prove actual impairment of normal faculties to an unsafe degree.
• Constitutional Violations: File motions to suppress evidence obtained through unlawful search and seizure or Miranda violations.
• Alibi/Mistaken Identity: Prove you were not the operator or were in a different location.
• Negotiating Plea Bargains and Diversion Programs: Seek dismissal of charges, reduction to a lesser offense (e.g., reckless operation), or explore deferred prosecution for eligible offenders.