Las Vegas Boating Under The Influence Lawyer

Boating Under The Influence Laws In Nevada

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:

• Impaired by alcohol, a controlled or intoxicating substance to a “degree that renders [the] person incapable of safely operating or exercising actual physical control of a vessel”
• Having a blood alcohol concentration (BAC) of .1% or greater within two hours of operating the vessel (.08% or greater for offenses involving death or serious injuries), or
• Having a prohibited concentration of certain drugs—including marijuana, methamphetamine, cocaine, heroin, and PCP—in the body.

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.

BUI Limits For Other Intoxicating Substances

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:

• Amphetamine: 500 ng/ML (urine), 100 ng/ML (blood)
• Cocaine: 150 ng/ML (urine), 50 ng/ML (blood)
• Cocaine metabolite: 150 ng/ML (urine), 50 ng/ML (blood)
• Heroin: 2,000 ng/ML (urine), 50 ng/ML (blood)
• Heroin metabolite – morphine:
• 2,000 ng/ML (urine), 50 ng/ML (blood)
• Heroin metabolite – 6-monoacetyl morphine:
• 10 ng/ML (urine), 10 ng/ML (blood)
• Lysergic acid diethylamide: 25 ng/ML (urine), 10 ng/ML (blood)
• Marijuana – delta-9 tetrahydrocannabinol: 2 ng/ML (blood)
• Marijuana metabolite – 11-OH-tetrahydrocannabinol: 5 ng/ML (blood)
• Methamphetamine: 500 ng/ML (urine), 100 ng/ML (blood)
• Phencyclinide: 25 ng/ML (urine), 10 ng/ML (blood)

Penalties For Boating Under The Influence In Las Vegas

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.

Misdemeanor BUI Penalties

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:

• An online boater safety course
• Community service

Felony BUI Penalties

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.

BUI Following A Felony BUI

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:

• 2-15 years in prison; and
• Fines of $2,000 to $5,000

BUI Causing Serious Injury Or Death

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:

• 2 – 20 years in prison; and
• Fines of $2,000 to $5,000

Homicide By Vessel

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:

• Life in prison with the possibility of parole after 10 years; or
• 25 years in prison with the possibility of parole after 10 years

Enforcement Of Boating Under The Influence In Nevada

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:

• Colorado River
• Truckee River
• White River
• Lake Tahoe (Washoe & Douglas)
• Lake Las Vegas (Clark)
• Lake Mohave (Clark)
• Spooner Lake (Washoe)
• Overland Lake (Elko)
• Wild Horse Reservoir (Elko)
• Wilson Reservoir (Elko)
• Lamoille Lake (Elko)
• Lake Lahontan (Elko & Churchill)
• Topaz Lake (Douglas)
• Angel Lake (Elko)
• Washoe Lake (Washoe)
• Walker Lake (Mineral)
• Pyramid Lake (Washoe)