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| Name: |
Maverick
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/21/2008 6:22:17 PM
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BE SAFE THIS WEEKEND AND DO NOT BUI !!!!
Alabama law specifically states that it is illegal to be in physical control of any vessel, water skis, or similar device if the operator:
Has a concentration of alcohol in his or her blood of 0.08% or more
Is under the influence of:
Alcohol, any controlled substance or drugs
Any combination of alcohol, controlled substances or drugs
Any substance which impairs the operator's mental or physical faculties.
Alabama law establishes the following penalties for those arrested and convicted of boating under the influence:
On the first offense, a fine up to $2,100 and/or sentence of one year in jail, and suspension of his or her operator's certification for 90 days
On the second offense, a fine up to $5,100 and/or sentence of up to one year in jail with a mandatory sentence of not less than 5 days or community service for not less than 30 days, and suspension of his or her operator's certification for one year
On the third offense, a fine up to $10,100 and/or sentence of up to 1 year in jail with a mandatory sentence of not less than 60 days, and suspension of his or her operator's certification for three years.
If it is believed that a person who operates a vessel on the waters of Alabama is boating under the influence of alcohol or any other controlled substance, he or she must submit to a field breath test or any other approved testing for blood alcohol concentration. Refusal to submit to a field breath test, or other approved testing, will result in the same punishment as provided in Alabama law for operators of motor vehicles on state highways.
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| Name: |
Aqua Nut
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/21/2008 10:57:08 PM
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Don't forget that ALL punishments and fines are doubled if you have anyone on the vessell under the age of 14.
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| Name: |
Nutin Bitein
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| Subject: |
BUI Law and Fines Question
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Date:
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5/22/2008 9:06:36 AM
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Can a properly licensed 12 or 14 year old be driving the boat if mom and dad had a few drinks ?? I know they can drive at the age of 12 with a parent in the boat and only at 14. Right?
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| Name: |
Excape
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 10:01:06 AM
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Do you know if the BUI is limited to those with more than .08%? A friend of mine was told by a marine police officer that this weekend they will be looking for anyone appearing to be drinking. That boat will be stopped for a safety check (probable cause), and if a beer, drink, etc. is seen by the officer, the driver will be given a field sobriety test and a test for blood alcohol. If the level is .08 or more, the driver will be arrested for boating while intoxicated. If the driver has even a trace of alcohol, he/she will be cited for BUI. If BUI includes someone with even a trace of alcohol, that is much stricter than the laws governing motor vehicles.
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| Name: |
Aqua Nut
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 10:12:50 AM
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The range from .04 to .079 is called 'officer discretion'. What this means is that if you fall within this range it is up to the officer whether to charge or not based on his assesment of whether the offender is 'impaired'. If he feels that you are not impaired he can decline to charge you with DUI/BUI. Below that range you are automatically considered unimpaired and above .08 you are automatically considered impaired.
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| Name: |
Excape
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 10:13:53 AM
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Thanks for clearing that up - a lot of people are confused about the application of the new law.
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| Name: |
Nutin Bitein
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 11:16:36 AM
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So after just one beer you can be arrested. I was told more than 1 beer an hour for an 180 lb man is over .08. So if they can arrest you for less than that you simply cant drink a drop and boat?????
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| Name: |
DJ
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 12:52:45 PM
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The best thing to do is not drink any boze while you are operating or will be operating a boat any time........
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| Name: |
Hunting231
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 1:29:36 PM
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I would think that DJ's advice is the perfect solution.
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| Name: |
Aqua Nut
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/22/2008 3:35:00 PM
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Well, it depends. Do you feel that after one beer you are impaired to the point of the officer thinking you shouldn't be driving? If that is the case then no you shouldn't. The key is ''officer discretion'. Now there again, if you 'poke the bear', as someone so eloquently put it, you are most likely to be determined to be impaired IMHO.
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| Name: |
lakeplumber
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| Subject: |
BUI Law and Fines - FYI
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Date:
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5/25/2008 4:20:23 PM
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I just finished serving on a jury in January of a boating accident on Jordan involving alcohol. A person on the other boat lost his life. The young man [operator] is serving 18 months in prison.
DO be careful.
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