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Seattle BUI and Criminal Defense Attorneys Boating Under the Influence of Intoxicants
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Boating Under the Influence of Intoxicants
RCW 79A.60.040
Operation of vessel in a reckless manner. Operation of a vessel under the influence of intoxicating liquor.
Boating Under the Influence (BUI) of Intoxicants is a serious criminal charge in WA state.
Enforcing Washington State's boating laws appears to be an increasing point of emphasis here in Seattle and throughout King County. For years now, Seafair and summer holidays have been a significant area of focus. Increasingly, however, we are seeing more and more arrests throughout the year, particularly during the warmer months when recreational boating is popular throughout the Puget Sound region. During peak fishing runs, even in deep winter months, arrests are also appear to be on the rise.
Additionally, it is likely that criminal charges of Boating Under the Influence of alcohol or drugs will only continue to rise. Here's what you need to know. Washington has not decriminalized BUI. It remains a serious criminal charge. It is a misdemeanor and is punishable by up to 90 days in jail and a $1,000 fine. In our experience, if you were arrested for BUI you will most likely be criminally charged. This is particularly true if you allegedly provided a breath sample above .08 or you refused a breath test.
If you have been arrested for Boating Under the Influence, you should speak with an experienced Washington State criminal defense attorney before making any decisions about how to proceed. We're here to help. The vast majority of our BUI clients are good people. They are not criminals. Most of them have never been arrested or in trouble before in their entire lives. Being charged with a crime is always disconcerting. You need to get someone between you and the state. We can help you to understand the criminal process and your options so that you can make an informed decision about how to proceed.
Washington State's BUI Laws.
The primary statute under which allegedly intoxicated boaters are charged is RCW 79A.60.040, which can be found below. If a breath or blood test was administered, it will be offered into evidence pursuant to RCW 46.61.506, which is also detailed below.
RCW 79A.60.040
Operation of vessel in a reckless manner — Operation of a vessel under the influence of intoxicating liquor — Penalty.
(1) It shall be unlawful for any person to operate a vessel in a reckless manner.
(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:
(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.
(3) A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
[1998 c 213 § 7; 1993 c 244 § 8. Prior: 1990 c 231 § 3; 1990 c 31 § 1; 1987 c 373 § 6; 1986 c 153 § 6; 1985 c 267 § 2. Formerly RCW 88.12.025, 88.12.100, and 88.02.095.]
Notes:
Effective date -- 1998 c 213: See note following RCW 46.20.308.
Intent -- 1993 c 244: See note following RCW 79A.60.010.
Effective date -- Severability -- 1990 c 231: See notes following RCW 79A.60.170.
Legislative finding, purpose -- Severability -- 1987 c 373: See notes following RCW 46.61.502.
RCW 46.61.506
Persons under influence of intoxicating liquor or drug — Evidence — Tests — Information concerning tests.
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.08, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4)(a) A breath test performed by any instrument approved by the state toxicologist shall be admissible at trial or in an administrative proceeding if the prosecution or department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least fifteen minutes prior to administration of the test;
(iii) The person being tested did not have any foreign substances, not to include dental work, fixed or removable, in his or her mouth at the beginning of the fifteen-minute observation period;
(iv) Prior to the start of the test, the temperature of the simulator solution as measured by a thermometer approved of by the state toxicologist was thirty-four degrees centigrade plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message "verified";
(vi) The two breath samples agree to within plus or minus ten percent of their mean to be determined by the method approved by the state toxicologist;
(vii) The simulator external standard result did lie between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence" is evidence of sufficient circumstances that would support a logical and reasonable inference of the facts sought to be proved. In assessing whether there is sufficient evidence of the foundational facts, the court or administrative tribunal is to assume the truth of the prosecution's or department's evidence and all reasonable inferences from it in a light most favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the subject of the test from challenging the reliability or accuracy of the test, the reliability or functioning of the instrument, or any maintenance procedures. Such challenges, however, shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the requirements contained in (a) of this subsection. Instead, such challenges may be considered by the trier of fact in determining what weight to give to the test result.
(5) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, a licensed practical nurse, a nursing assistant as defined in chapter 18.88A RCW, a physician assistant as defined in chapter 18.71A RCW, a first responder as defined in chapter 18.73 RCW, an emergency medical technician as defined in chapter 18.73 RCW, a health care assistant as defined in chapter 18.135 RCW, or any technician trained in withdrawing blood. This limitation shall not apply to the taking of breath specimens.
(6) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The test will be admissible if the person establishes the general acceptability of the testing technique or method. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(7) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
[2004 c 68 § 4; 1998 c 213 § 6; 1995 c 332 § 18; 1994 c 275 § 26; 1987 c 373 § 4; 1986 c 153 § 4; 1979 ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1; 1969 c 1 § 3 (Initiative Measure No. 242, approved November 5, 1968).]
Notes:
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution tests -- CrRLJ 6.13.
Finding -- Intent -- 2004 c 68: See note following RCW 46.20.308.
Effective date -- 1998 c 213: See note following RCW 46.20.308.
Severability -- Effective dates -- 1995 c 332: See notes following RCW 46.20.308.
Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose -- Severability -- 1987 c 373: See notes following RCW 46.61.502.
Severability -- 1979 ex.s. c 176: See note following RCW 46.61.502.
Severability, implied consent law -- 1969 c 1: See RCW 46.20.911.
Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100.