Summer is almost here is in Colorado and during this season, the weather is usually fantastic and spirits are high. Many of you are planning fun weekends filled with hiking, picnicking, camping, boating and swimming. Be careful, though – holiday weekends like Memorial Day and Labor Day are when police in Fort Collins, Loveland, and Estes Park are out in force. They will be watching closely for drunk drivers. Not all drunk drivers are on the road, however. Did you know that you could be charged for operating a boat while intoxicated at Horsetooth Reservoir? You would be charged with Operating a Vessel While Under the Influence – C.R.S. 33-13-108.1.
What is Boating Under the Influence (BUI) in Larimer County?
The same laws that apply to driving a car on the road apply to operating a boat when alcohol is concerned. In order to be charged with BUI, law enforcement officers must prove that you:
- Operated or were in “actual physical control of a vessel…while under the influence of alcohol.”
If your blood alcohol content is .08 or above, you will be charged with a misdemeanor in Larimer County. The sentence for boating under the influence of alcohol (boating while intoxicated) is:
- A minimum of five days (and up to one year) in the Larimer County Jail. In some cases, the jail time can be suspended if you agree to undergo a presentence alcohol and drug evaluation (which you have to pay for). It is important that you have an experienced attorney working with you to work with the judge and the Larimer County District Attorney so that you may not have to go to jail.
- You may have to pay a fine of up to $1,000.
- Up to 96 hours of useful public service.
- You could lose your license to operate a vessel for a three month time period.
- You could be sentenced to probation for up to two years.
The consequences of having a conviction of boating while intoxicated (BUI), DUI or DWAI on your record can be long-lasting. You have the right to defend yourself against BUI charges in Larimer County. Don’t let a fun weekend boating Boyd Lake end with a criminal record.
If you or a loved one has been charged with boating while intoxicated, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
Image Credit: Pixabay – vasile_pralea