St. Croix River, Stillwater Boating While Intoxicated Defense Lawyer
The basic laws regarding boating while intoxicated are in many ways the same as those for DWI or DUI. The potential penalties include a fine and jail time. In some other respects, a BWI is different from DWI. If you have been arrested for boating while intoxicated, you need an experienced attorney who understands these differences and can defend your rights and freedom.
At Coodin & Overson, PLLP, we have been defending people accused of boating while intoxicated, DWI and snowmobiling while intoxicated for many years. We are experienced, knowledgeable in the law, and determined to obtain the best outcome possible in every case we handle.
Contact us to schedule a free consultation. We defend every case as if our client's life depends on it.
The Importance of a Strong Defense
Minnesota laws regarding drinking while boating strike many as unfair. You can generally be arrested for BWI whenever your boat is in operation and not anchored, beached, moored or docked. The laws regarding probable cause are more lax and less established than for DWI - an officer can stop your boat for any perceived safety or security problems.
Minnesota has over 10,000 lakes which means many of us have boats. However, DWI/DUI laws apply to the operation of any motor vehicle, not just cars, trucks, or motorcycles. People typically like to enjoy a little drinking with friends and family on their boats. If an individual operates a boat with an alcohol concentration above .08, they may be charged with boating while intoxicated under Minnesota law.
Boating While Intoxicated (BWI) is the act of operating under the influence any motorized craft that carries a person over water, which can include motor boats and jet skis. If the boat has any kind of motor at all, it falls under the jurisdiction of the BWI/BUI law.
Law enforcement officers may board your craft for safety and security reasons. If they may smell alcohol on your breath or see that people on the boat have been consuming alcohol they may investigate. While not illegal to consume alcohol on a boat, you can be arrested for Boating While Intoxicated (BWI) if you fail a breath test.
Penalties for operating a boat under the influence of alcohol can be just as steep as drunk driving.
It is important to remember that if an individual charged with a BWI has no qualified prior impaired driving incidents, they are subject only to the loss of operating privileges for their boat for the relevant period of suspension. Their driver's license for operating their car remains valid. However, a conviction goes on your record — and if you already have a DWI conviction or you are later arrested for DWI, you can lose your driver's license as well as your boating license. These cases are extremely serious and you need a strong and effective defense effort to protect your rights.
Defending a BWI Charge
The attorneys at Coodin & Overson, PLLP, will review all aspects of your case, looking for the means for a potentially successful defense strategy. If possible, we will seek to obtain a dismissal of the charge entirely. In some cases, we may be able to reduce a BWI charge to one for careless boating. It may be advisable to contest the charge at trial, particularly if you have a prior conviction for DWI.
Coodin & Overson, PLLP, has successfully represented many people accused of boating while intoxicated, DWI or DUI, and other criminal offenses. Our firm will do everything in our power to build a strong and effective defense for you.
Free Consultation With an Attorney
If you have been arrested for boating while intoxicated, call Coodin & Overson, PLLP, at 651-319-5180 for a free consultation with an experienced attorney.
