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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
If you are involved in a boating accident while intoxicated in Nevada, the law can be unforgiving. Boating under the influence (BUI) is just as illegal and serious offense as driving under the influence (DUI); meaning that having a blood alcohol concentration of .08% or higher, and being found to have drugs/alcohol in your system, can lead to heavy fines and even jail time if convicted. That’s why it’s best to seek legal advice from an experienced Las Vegas boating under the influence lawyer who will help protect your rights!
Furthermore, if someone is convicted of boating under the influence in Las Vegas, they are usually mandated to take a boating safety course and may be ordered to do community service as part of their probation. Probation also requires individuals to undergo drug/alcohol testing. Should any other party be hurt in the boating accident, the driver is legally obligated to pay various fees such as restitution charges and court costs. Additionally, administrative costs and probation services must also be paid by the operator of said boat. Don’t wait, contact our criminal defense attorney today for a free consultation and learn more about how we can help.
According to Nevada regulations, it is illegal to take control of a boat while powered or without power if you are under the influence of alcohol and/or drugs. If someone is found guilty of boating while inebriated (BWI), otherwise known as “Boating Under the Influence” (BUI) due to operating a vessel when:
Thus, in Nevada boat operators can be found guilty of boating while impaired even if they are not actually displaying signs of impairment but have a certain level concentration of drugs or alcohol in their system. If you’re facing BUI charges in Nevada, contact our Las Vegas boating under the influence lawyer as soon as possible.
Nevada law is clear: it’s unlawful to operate a boat while under the effects of drugs like marijuana, cocaine, and others. If your nanograms per milliliter (ml) of urine or blood exceed the set limit in NRS 488.410, you can be charged with boating under the influence in Nevada, as well as other drug-related charges if any of the following substances are found:
Subsequent convictions of BUI result in heavier punishments, similar to multiple DUI offenses in Nevada. This is particularly true when the incident leads to serious harm or fatality. Below are the penalties you may face if convicted of boating under the influence in Nevada.
A BUI for the first time is generally considered a misdemeanor. In Nevada, if no one has been harmed or injured due to someone’s operating under the influence of drugs or alcohol on water vessels, being convicted will lead to a maximum jail time of 6 months and/or up to $1000 fines. On top of that, judges more often than not make it compulsory for defendants to receive additional punishments such as:
All Boating Under the Influence (BUI) offenses wherein a defendant previously has been convicted, or where physical harm to a victim was sustained, are classified as a felony. Probation and suspended sentences are not allowed for defendants found guilty of this level of offense; furthermore, judges may not dismiss any case in which there is probable cause that guilt rests with the defendant.
Similarly, keep in mind that if a defendant’s boat had anyone onboard aged fifteen or younger, the court would regard this as an “aggravating factor,” thus inducing a harsher punishment. Furthermore, any individual convicted of felony BUI must pass evaluations for alcohol and drug abuse. Lastly, those sentenced to prison are typically sent to minimum-security facilities and isolated from violent criminals.
Should you be convicted of a felony boating under the influence, obtaining another BUI will become a Category B felony. The consequences are stern and include:
If someone’s BUI (Boating Under the Influence) causes death or serious bodily injury in Nevada, it can be charged as a Category B Felony which carries:
If someone is found guilty of Boating Under the Influence (BUI) that results in death, and they have three previous BUI convictions on record, it will be categorized as a category A felony. The consequences could include:
Much like highway patrol officers keep a watchful eye out for drivers displaying suspect behavior, police also saturate Nevada’s larger bodies of water during peak holiday seasons such as Memorial Day and the Fourth of July to monitor boaters. Additionally, Operation Dry Water is conducted annually where law enforcement presence further strengthens safety on the lakes and rivers throughout Nevada over one crowded weekend.
An alarming BUI story broke out at Lake Mead when a gamekeeper caught Erin Brockovich, a renowned consumer advocate, having difficulty with mooring her motorboat. After failing the breathalyzer test in Henderson Justice Court she pleaded no contest. Nevada features many spectacular water attractions like:
Battling a Nevada charge of operating a water vessel while under the influence presents numerous potential options. Five common strategies for defense are:
Regardless of the case, criminal defense attorneys always ensure to conduct a complete investigation. This encompasses everything from:
From a lack of tangible evidence to insufficient witnesses, any one of these elements could be the determinant between success and failure in court. If your Las Vegas boating under the influence lawyer can illustrate that the prosecutors are unable to prove guilt beyond a reasonable doubt, then charges must be dropped.
Although operating a vessel while impaired is not always a cause for deportation, the constantly-changing immigration laws make it difficult to predict consequences. Non-U.S. citizens who have BUI charges should seek legal advice as soon as possible in order to protect their status and rights within the U.S. Seeking counsel from an experienced Las Vegas BUI defense attorney can help ensure that any potential case won’t threaten future prospects of staying in this country legally!
After a misdemeanor BUI conviction, you can request to have your record sealed one year after the case is closed. On the other hand, felony convictions are not eligible for sealing and will remain on your record permanently. If charges are dismissed though, they may be immediately sealed from your records – so find out more about how to seal Nevada criminal records right away!
A Las Vegas boating under the influence attorney may contest the evidence brought against the boat’s operator. If you have been charged with a DUI that may be the result of inadequate field sobriety tests or incorrect chemical/breath analysis administration, then Spartacus Law Firm is here to help. Our knowledgeable criminal defense law firm can elucidate how the test should have correctly been conducted and any other problems pertaining to its execution. In addition, if you were involved in a boating accident while under the influence, contact our office right away for a free consultation and take the next steps to defend yourself.