Virginia BUI Attorney
BUI Lawyers Serving Virginia Beach & Newport News
In Virginia, just as you are not allowed to drive a vehicle while impaired by drugs and/or alcohol, you're also not allowed to operate a boat while intoxicated. Referred to as boating under the influence (BUI), a first offense is a misdemeanor, which could result in jail time and/or fines. It could also lead to the loss of the privilege to operate any watercraft upon Commonwealth waters. Beyond these legal ramifications, a BUI conviction can affect your personal and professional life, including potential impacts on insurance rates and employment opportunities. When you're facing such severe consequences and a judicial system that may be unfamiliar to you, you need a Virginia BUI lawyer who can guide you through the process.
At Tillotson & Martin, LLC, our Coastal Virginia BUI attorneys have nearly 40 years of combined experience. We know the courts, legal processes, and the laws concerning these types of matters. Our team has such a thorough understanding of this area of the law that we were asked to write the DWI book for Virginia. This manual is the one judges, prosecutors, and other attorneys turn to when handling these types of cases. Not only are we intimately familiar with BUI laws, but we are also well-informed about the science that goes into pursuing these matters. Attorney Martin is an ACS-CHAL Forensic Lawyer-Scientist, and both of our lawyers are Breath Test operators. With this advanced knowledge, we scrutinize every detail of your case, from the arrest procedures to the evidence presented against you. When you turn to us, you can be confident you'll receive legal representation from a team that knows what they're doing.
If you're in need of a BUI defense team who cares and has the fight to win, call us at (757) 568-7978 today.
BUI Laws & Consequences in Virginia
The law concerning drinking and boating is similar to that of drinking and driving. You are prohibited from operating a boat upon Commonwealth waters when your ability to do so safely is impaired. Understanding the specific conditions that constitute impairment is crucial; these include visible intoxication signs, which may be observed by law enforcement officers during routine checks on the water. In areas like Virginia Beach, local enforcement agencies frequently patrol the waterways, increasing the likelihood of encountering a sobriety check.
Virginia Code § 29.1-738 specifically states that it's unlawful for a person to operate any watercraft when they:
- Have a blood alcohol concentration at or above .08
- Are under the influence of alcohol
- Are under the influence of an illegal or legal drug
- Are under the combined influence of drugs and alcohol
- Have a blood concentration at the following levels:
- .02 milligrams of cocaine
- .01 milligrams of methamphetamine
- .01 milligrams of PCP
- .01 milligrams of MDMA (ecstasy)
Penalties for BUI in Virginia
Boating under the influence is a Class 1 misdemeanor. Apart from the criminal penalties, there may be additional impacts on your personal life, such as restrictions on traveling to certain places and potential social stigma.
Conviction penalties include:
- Up to 12 months in jail and/or
- Up to $2,500 in fines
- Loss of boating privileges for 1 year for a first conviction and 3 years for a second or subsequent conviction within 10 years of the first
Implied Consent Laws & BUI Testing in Virginia
In terms of a DUI offense, implied consent laws state that when a person drives on Virginia roads, they have given their permission to be subject to a blood or breath test to detect the amount of drugs and/or alcohol in their system if they're arrested on suspicion of driving under the influence. The same is true when a person operates a boat upon Commonwealth waters. It's important to know these tests are not always 100% accurate, and proper procedures must be followed for the results to be admissible in court.
If you refuse to participate in a chemical test, you could be prohibited from operating any watercraft for:
- 1 year for a first refusal
- 2 years for a second or subsequent refusal within 5 years of the first
Why Choose Tillotson & Martin, LLC as Your BUI Lawyer in Virginia
At Tillotson & Martin, LLC, our Virginia BUI attorneys understand the stress and frustration many people feel after being accused of boating under the influence. Our comprehensive approach involves not only tackling the immediate charges but also helping you prepare for any long-term repercussions. Our familiarity with local court systems, particularly in Virginia Beach, Newport News, and Hampton Roads, allows us to navigate your situation with insights into regionally common procedural nuances. When you hire us, we'll answer your questions, explain the criminal justice process, and discuss your legal options. If you need a BUI lawyer in Newport News, Virginia Beach, or elsewhere in the state, we'll provide sound advice and help you make informed decisions as we work toward a favorable outcome on your behalf.
Get Quality BUI Defense from a Lawyer in Virginia Beach
Being charged with boating under the influence (BUI) can have serious consequences, including fines, license suspension, and even jail time. It's important to have a skilled Virginia Beach BUI lawyer who residents trust on your side to protect your rights and defend your situation. At Tillotson & Martin, LLC, our Newport News BUI lawyers have extensive experience in handling BUI cases and can provide you with the strong legal representation you need.
When you choose our Virginia BUI attorneys to represent you, you can expect:
- Thorough investigation of your situation
- Aggressive defense in and out of court
- Clear communication and guidance throughout the legal process
- Dedicated advocacy for the best possible outcome
Don't face BUI charges alone. Contact our Newport News law firm today to schedule a consultation and learn how we can help you navigate the complexities of BUI law in Virginia.
Ready to Defend Your Boating Rights? Schedule a Free Consultation Now (757) 568-7978 or Contact Us Online.
FAQs About BUI in Virginia
What Are the Differences Between a BUI & a DUI in Virginia?
While both BUI (Boating Under the Influence) and DUI (Driving Under the Influence) involve operating a vehicle while impaired, the main difference lies in the type of vehicle and associated environments—water versus land. Penalties can vary slightly, but both carry significant legal consequences, including potential jail time, fines, and loss of operating privileges. In Virginia, law enforcement on waterways, such as those in Virginia Beach and Newport News, are vigilant against BUIs due to the high traffic of recreational boating, especially during peak seasons.
How Do BUI Penalties Affect My Boating License?
An individual convicted of BUI may face the suspension of their boating privileges. Specifically, there could be a loss of boating privileges for up to one year for a first offense and up to three years for subsequent convictions within ten years. Additionally, it's important to note that a BUI conviction could also impact future licensing or renewal applications for operating watercraft in Virginia. This comprehensive understanding of licensing implications can help individuals plan their next steps carefully.
Can I Challenge the Results of a Blood or Breath Test in a BUI Incident?
Yes, it is possible to challenge the results of a blood or breath test in a BUI incident. Factors such as improper administration, faulty equipment, or health conditions can affect the accuracy of these tests. Legal representation can examine these aspects of your case closely. At Tillotson & Martin, LLC, our BUI attorneys are trained to identify potential errors in testing procedures and explore alternative explanations for your test results. This meticulous scrutiny can help strengthen your defense significantly.
