Cleveland BUI Lawyer
Boating Under the Influence (BUI) Defense in Ohio
A day on the water is meant to be fun, but if you are suspected of operating your craft while intoxicated, your trip to the lake can land you in jail.
In the Cleveland, Ohio area, you can be charged with boating under the influence (BUI), also known as boating while intoxicated (BWI), under often lower standards of evidence than would be required to charge you with drunk driving or operating a vehicle under the influence (OVI).
If you’ve been charged with operating a boat under the influence, contact a Cleveland BUI lawyer today for a free consultation.
While an arrest is a harsh experience for anyone, you should know that there is a wide gap between being charged and being convicted. There are many defenses available to you with the help of our Cleveland BUI attorneys.
Prosecutors are required to prove that you were intoxicated while operating your vessel, but because of the conditions specific to boating – the motion of the water, the heat of the day, and glare from the sun – the sobriety tests administered by law enforcement can and should be challenged.
The Cleveland BUI attorneys at Patituce & Associates are extremely experienced defense lawyers who are also former prosecutors.
We protect the freedoms of people who have been charged with a boating DUI. Call (440) 771-1175 to speak with one of our Cleveland BUI lawyers to find out how we can help you today.
Ohio BUI / BWI Penalties
In Ohio, BUI is charged under O.R.C. 1547.11: operation, control, or manipulation under the influence of alcohol or drugs. The offense is a first-degree misdemeanor and, if you’re convicted, you can be punished accordingly:
- Up to six months in jail
- A $1,000 fine
Implied Consent for BUI in Ohio
When boating in Ohio, you are subject to the implied consent law, which means that as the operator of a vessel in state waters, you are obligated to submit to an alcohol breath test or a chemical test or face a charge for refusal. Conviction on a refusal charge can include an order keeping you off the water for a year.
Defending BUI/BWI Charges In Cleveland
BUI can be difficult for prosecutors to prove. Under Ohio law, local law enforcement (city marine police patrols, county police, state police, Ohio Division of Watercraft) must have probable cause to stop or board your vessel, which means that prosecutors have to start by proving that officers had a reason to interact with you.
Federal law enforcement, including the Coast Guard, can perform safety checks without probable cause. During a safety check, you may be subjected to a series of sobriety tests, which is typically when officers decide whether you’re in violation. The good news for you is that these tests are subject to challenge by your attorney.
A boat on the water is subject to a variety of forces—even when the motor isn’t engaged, and that motion from surf and wind makes field sobriety tests suspect.
Many people who go from a mostly indoor life during the week and spend a weekend day out in the sun also suffer some deleterious effects from the heat and glare.
This can cause you to appear intoxicated, even when you’re not. All of this can be used for your defense as part of our DUI defense strategies.
Facing charges for boating while intoxicated in the Cleveland, Ohio area? You have every reason to fight to clear your name with the help of our Cleveland BUI lawyers at Patituce & Associates, LLC. Get a free consultation when you call (440) 771-1175.
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- Martha L.
Seeking representation for federal charges against my husband led me to engage with an attorney from this firm. Swiftly connected with Joe Patituce, we made the decision to enlist his services that very day, a choice we're grateful for.
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- Cora B.
Their friendly and approachable team provided unwavering support. They worked diligently to build a robust defense, ensuring my side of the story was heard and considered!!!
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- Former Client
Cate Purdum was present, attentive, always returned my calls (I had attorneys before who never call you back), answered my questions and never ignored my calls. If I ever need an attorney in the future I will definitely go back to her.
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- Roberto M.
Catherine Meehan did an amazing job. Very responsive, friendly, and obviously very good with words. She kept me out of jail and home with my kiddo. For that I can't ever repay the favor. Much appreciated hope I never need your assistance again but if so I'll definitely give you a call. Thank you again.
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- Thomas S.
I am very satisfied with Rachelle and Joe they were talking me through my whole case and when I told them I wanted a trial they agreed and said let’s go to trial with out hesitation they were very professional and I couldn’t ask for a better law firm to have my back in my court case thank you Rachelle and Joe I highly recommend them to everybody
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- Levi G.
Joe helped my brother beat a serious RICO charge. He is simply the best criminal defense lawyer out there, and provides a clear-cut path to victory. I am extremely impressed and thankful for the hard work and dedication the team at Patituce & Associates put in on this case. It feels great to come out on the winning side, and not have to sweat a thing during the whole process. I highly recommend hiring Joe and his expert staff if you ever find yourself in any legal trouble. Thank you Joe!
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So kind and helpful! Don’t know what I would’ve done without him. Joe was kind and informative throughout the whole- Maddy P.
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- Glenn G.
I engaged Joe Patituce's services for my DUI case in Rocky River, and I couldn't have made a better choice. He and his team demonstrated excellence throughout, managing my case with remarkable skill and professionalism.
