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Boating Under the Influence (BUI) What You Need To Know
While it may not feel like it, warmer weather is on the way, which means people will be hitting the water soon. Often overlooked, DUI is a crime in Massachusetts. In fact, Massachusetts has one of the toughest BUI criminal statutes in the nation. Section 8 of Chapter 90B of the MGL states that “No person shall operate any vessel on Commonwealth waters while he has a blood alcohol content of eight per cent by weight or more, or while such person is under the influence of intoxication alcohol or marijuana, narcotics, sedatives or stimulants.” Additionally, the criminal penalty for DUI boating is a fine of up to $1,000 and/or imprisonment for up to two and a half years.
The last thing to consider is whether this is a follow-up BUI. Drunk boating penalties increase if the defendant has been convicted of a 4th and 5th offense within the past 6 or 10 years. In practice, this means that if you are found guilty of BUI in the first trial, the prosecutor must conduct a second trial, which is known as a bifurcated trial. At the second trial, prosecutors must prove beyond a reasonable doubt that it was in fact you who were convicted earlier. Subsequent proof is usually accomplished through certified court documents, on-site depositions, and motor vehicle record registrations. Again, this element is often highly technical and requires experienced attorneys to tackle. Below is a list of penalties for subsequent BUI violations.
BUI/Boater Penalties Affected in Massachusetts
Penalty for second violation within 6 years
Imprisonment in a correctional institution: not less than 14 days, not more than 2.5 years Fine: $300-$1,000
Penalty for 3rd violation within 6 years
Imprisonment in a correctional institution: not less than 180 days and not more than 2.5 years
Fines: $500-$1,000
Penalty for 4th BUI violation in 10 years
Imprisonment in a correctional institution: not less than 2 years (minimum mandatory 1 year), not more than 10 years in state prison
Fines: $500-$1,000
Penalty for 5th violation within 10 years
Imprisonment in a correctional institution: not less than 2.5 years (minimum 24 months mandatory), not more than 10 years
Fine: $1000-$1500
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