Under 30 Pa.C.S. § 5502, operating a boat with a blood-alcohol level of 0.08% or higher — or while impaired by drugs — can lead to a charge of boating under the influence (BUI). The Pennsylvania Fish and Boat Commission (PFBC) ramps up patrols on Pocono waters like Lake Wallenpaupack every summer. Brian Jordan, Esquire defends individuals who are facing BUI charges across Monroe County.
Boating under the influence of alcohol or drugs is strictly prohibited under Pennsylvania law. If you get caught boating under the influence on Pocono waters, you can face steep penalties—including fines and jail time.
But, while boating under the influence (BUI) charges can have serious consequences, there are also several potential defenses to these charges in Pennsylvania. To find out what defenses you can assert in your Monroe County BUI case, you should consult with an experienced defense lawyer promptly.
Pennsylvania’s BUI Law: How 30 Pa.C.S. § 5502 Applies on Pocono Lakes
Pennsylvania’s BUI law (30 Pa.C.S. § 5502) prohibits boating under the influence of alcohol or drugs. In BUI cases, there are four ways that prosecutors can secure a conviction at trial:
- Alcohol Impairment – “An individual may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely operating or being in actual physical control of the movement of the watercraft.”
- Alcohol Intoxication – “An individual may not operate or be in actual physical control of the movement of a watercraft after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% . . . within two hours after the individual has operated or been in actual physical control of the movement of the watercraft.”
- Drug Impairment – “An individual may not operate or be in actual physical control of the movement of a watercraft . . . [if t]here is in the individual’s blood any amount of a [Schedule I, II, or III controlled substance].”
- Drug Intoxication – “The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely operate or be in actual physical control of the movement of the watercraft.”
Any one of these is sufficient to establish guilt for boating under the influence under Pennsylvania law. This means that if your blood alcohol concentration (BAC) was 0.08% or above, it doesn’t matter whether you were “rendered incapable of safely operating” a watercraft. Likewise, if you tested positive for having a Schedule I, II, or III controlled substance in your system, prosecutors can secure a conviction without proving that you were impaired. Conversely, if prosecutors can prove that you were impaired, in this scenario they do not need a breath or blood test result to secure a conviction at trial.
BUI Penalties: How Your BAC Level Drives the Charge
Similar to driving under the influence (DUI) cases, in BUI cases, your BAC level determines the severity of your case (if you are being charged with an alcohol-related BUI and you took a breath or blood test). There are three levels of BAC-related BUI charges under Pennsylvania law:
- General Impairment: BAC of 0.08% to 0.09%
- High Rate of Alcohol: BAC of 0.10% to 0.15%
- Highest Rate of Alcohol: BAC of 0.16% or above
For first-time offenders, all three levels of BUI charges are misdemeanors that carry up to six months of jail time—plus fines and other penalties. However, repeat offenders can face enhanced penalties, and various “aggravating factors” (i.e., having a minor onboard or causing an accident) can lead to enhanced penalties as well.
How BUI Differs From DUI — and Why It Matters for Your Record
While DUI and BUI charges are similar in many respects, there are a couple of important differences between facing alcohol and drug-related charges following arrests on land and arrests on the water. In BUI cases, one piece of good news is that a BUI conviction generally will not result in points being added to your driving record.
However, while Pennsylvania has a 10-year “lookback” period for purposes of prosecuting individuals as repeat DUI offenders, there is no “lookback” period for BUI. This means that once you have a BUI on your record, any subsequent arrest will result in prosecution as a repeat offender. As noted above, this can substantially increase the risks involved.
Stopped by a Waterways Conservation Officer? What to Do Next
With all of this in mind, if you were stopped by a Waterways Conservation Officer with the Pennsylvania Fish and Boat Commission (PFBC) and are now facing a BUI charge in Monroe County, there are some important steps you should take promptly. To help maximize your chances of avoiding unnecessary consequences, you should:
1. Exercise Your Right to Remain Silent
If you are facing a BUI charge in Monroe County, you should not discuss your case with anyone other than your defense attorney. Also, you should not post anything related to your BUI arrest on social media.
2. Make Sure You Don’t Get Another BUI
When you have a BUI case pending in Monroe County, you do not want to get another BUI. If you do, not only will this make it harder to defend yourself, but it will also expose you to enhanced penalties as a repeat offender.
3. Discuss Your Case with an Experienced Defense Attorney
Defending against a BUI charge in Monroe County requires experienced legal representation. Along with representing you in court, an experienced Monroe County BUI lawyer can also help you decide whether to pursue a plea bargain or pre-trial diversion.
Schedule a Free Initial Consultation with Monroe County BUI Lawyer Brian C. Jordan
Are you facing a BUI charge in Monroe County? If so, we encourage you to contact us promptly. To schedule a free initial consultation with Monroe County BUI lawyer Brian C. Jordan as soon as possible, call 570-413-0257 or tell us how we can reach you online now.