Overland Park Boating Under the Influence

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Kansans love to boat, and they have plenty of places from which to choose among the state’s 130,000 surface acres of water. However, it is imperative to understand that boating under the influence of alcohol or drugs (also known as BUI) is against the law and carries potentially substantial legal penalties and consequences.

However, an arrest and charge of this crime is not the same thing as a conviction. Irrespective of the circumstances in your case, you have the right to challenge the allegations against you by presenting a robust defense. That’s where the Overland Park criminal defense lawyers of Joseph, Hollander & Craft come in. If you’ve been charged with boating under the influence, schedule your consultation with us to explore your legal options.

How Can an Overland Park BUI Defense Lawyer Help?

Being charged with a criminal offense can be embarrassing and stressful. Your main objective in the wake of a BUI charge is to dispense with the matter quickly and discreetly, and in a way that avoids or minimizes penalties.

You need an attorney who can offer more than mere knowledge of the relevant statutes and court opinions. While our team is experienced in this area of law, we also understand that clients want a responsive, shrewd attorney by their side who is committed to exploring various options and developing a personalized strategy for their case. That is our commitment to you.

The first thing we do is investigate the facts surrounding your charge. We ask the questions that matter to get the answers that make a difference. Then we evaluate the evidence with an eye towards identifying weaknesses in the prosecution’s case. At the same time, we recognize that a good defense often requires a strong offense, so we muster our own evidence in your favor, from eyewitnesses who can contradict the prosecution to inconsistencies in the patrol officer’s account.

Where possible, we ask courts to dismiss charges, seek a reduction in charges, or negotiate effective plea bargains. But that doesn’t mean we simply accept whatever the prosecution offers in the way of a deal. After weighing the evidence and the options, if your chances would be better by trying the case in court, we can go that route. During trial, we will work diligently to challenge the prosecution’s evidence, undermine its arguments, and raise reasonable doubt in the minds of the jury. We do all of this while keeping the doors open for a plea deal that can be struck at any point during the trial and other criminal proceedings.

How Does Kansas Define Boating Under the Influence?

Under Kansas law, it is illegal to operate a “vessel” (defined as “any watercraft designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water”) under the following conditions:

• With a blood or breath alcohol concentration of 0.08 or higher;
• If the operator is under age 21, with a blood or breath alcohol concentration of 0.02 or higher; or
• While under the influence of alcohol, drugs, or any combination thereof to such a degree that it renders the person incapable of safely operating the vessel.

How Law Enforcement Determines If You’re Operating a Vessel Under the Influence of Alcohol or Drugs

When you go boating in Kansas, you give consent to patrol and other law enforcement officers to test your blood, breath, urine, or any other bodily substance for the unlawful presence of alcohol or drugs. An officer may request that you submit to one of these tests if they have reasonable grounds to suspect that you are operating or attempting to operate a vessel while under the influence, and if one of the following applies:

• You are placed under arrest or in police custody; or
• You were involved in a boating accident

If a blood test is deemed appropriate, then an authorized medical professional has the right to draw blood upon the officer’s request. However, there are also cases in which an officer has reason to believe the person is under the influence of a drug that won’t show up on a blood or breath test. In this situation, the officer may ask for a urine test. Refusal to take one of the tests can be used against you in court, but so can the results of any testing that is successfully completed.

What Are the Fines and Penalties for a BUI Charge Near Overland Park?

BUI is considered a misdemeanor. If you’ve been arrested or charged with BUI, it is imperative that you speak with an Overland Park criminal defense attorney immediately. You could be facing substantial fines and penalties upon conviction, including:

• For a first conviction: Up to one year of prison and/or a fine of between $100 and $500
• For a second or subsequent conviction: At least 90 days and up to one year of prison and, in the court’s discretion, a fine of between $100 and $500

Anyone who is convicted must also successfully complete a boating safety course.

License Penalties for Underage BUI

The license penalties are different if the person operating the boat:

• Was under the age of 21;
• Cooperated with the officer’s request for a blood or breath test; and
• Produced a test result that shows a blood or breath alcohol concentration of at least 0.02 but less than 0.08.

For these persons, their boating privileges will be suspended for 30 days upon a first conviction and for 90 days upon a second or subsequent conviction. If you or someone you know has been charged with underage BUI, speak with our dedicated juvenile defense attorney.

Frequently Asked Questions About BUI Charges

Is it illegal to drive a boat drunk?

Yes, you can be charged with a crime for driving a boat while drunk. But this is not the only circumstance in which you may be arrested. Even if you are not legally drunk (over 0.08 or 0.02 alcohol concentration if you are under age 21), an officer can arrest you if they suspect you are under the influence to the point that you cannot safely drive the boat. In other words, it’s enough to be impaired, even if you would pass a breathalyzer or other test for the legal limit of intoxication.

Can you drink on a boat in Kansas?

You are free to drink on a boat in Kansas; you simply cannot operate one while drunk. And remember, “drunk” can mean simply that, in the opinion of the officer, you’ve had too much to safely drive the boat.

Is BUI a felony in Kansas?

BUI is a misdemeanor in Kansas. However, if you drive a boat drunk and cause someone injury or death, you should expect felony charges.

Can a boating OUI charge affect my driver’s license?

Conviction for BUI does not typically affect your driver’s license. But it will affect your ability to legally operate a boat on Kansas waters.

Do You Have a BUI Defense Attorney Near Me?

Joseph, Hollander & Craft’s Overland Park office is located at 10104 W 105th St., at the corner of Mastin Street. We maintain additional offices in Lawrence, Topeka, Wichita, and Kansas City, MO, for your convenience.