Navigating Charges on the Water
Just as driving a motor vehicle while impaired is illegal, so is operating a boat, personal watercraft, or any motorized vessel while under the influence of alcohol or drugs. This offense, known as Boating While Impaired (BWI), carries serious penalties that can impact your recreational privileges, your finances, and even your freedom. While the setting is different from roadways, the legal system takes BWI very seriously due to the inherent dangers posed to passengers and other boaters on the water.
The consequences of a BWI conviction can include significant fines, mandatory boating safety courses, loss of boating privileges for extended periods, and potential jail time. Depending on the level of impairment, prior offenses, or if an accident involving injury or property damage occurred, the penalties can escalate dramatically. Beyond these direct legal repercussions, a BWI conviction can also lead to increased insurance premiums, damage to your reputation, and a mark on your criminal record.
Law enforcement officers (such as marine patrol, sheriff's deputies, or game wardens) enforce BWI laws on lakes, rivers, and other waterways. They may use similar techniques to roadside DWI stops, including observing erratic operation, conducting field sobriety tests (modified for the marine environment), and requesting chemical tests (breath, blood, or urine). While the environment differs, your fundamental constitutional rights still apply, and a strong defense will scrutinize every aspect of the stop, investigation, and testing.
Experienced Defense for Boating While Impaired Charges
If you are facing Boating While Impaired (BWI) charges, it is crucial to seek experienced legal representation immediately. The unique aspects of BWI laws and enforcement demand a specialized and proactive defense to protect your rights and recreational freedoms. At Kins Law Firm, we are dedicated to providing comprehensive and aggressive representation for individuals accused of BWI.
Randall Kins established Kins Law Firm with a commitment to offering steadfast legal defense to those navigating the criminal justice system, including charges on the water. We understand the specific nuances of BWI laws and the methods used by marine patrol and other enforcement agencies. Our comprehensive defense strategy for BWI cases includes:
Challenging the Initial Stop: Scrutinizing whether the officer had a lawful basis (reasonable suspicion or probable cause) to stop your vessel.
Contesting Field Sobriety Tests (FSTs): Examining the administration of FSTs conducted on a boat or unstable surface, and how they might be inherently flawed due to the environment.
Accuracy of Chemical Tests: Rigorously challenging breath, blood, or urine test results based on equipment calibration, operator errors, or chain of custody issues.
"Actual Physical Control": Disputing whether you were truly "operating" or "in actual physical control" of the vessel while impaired.
Constitutional Violations: Identifying and challenging any violations of your rights during the stop, investigation, or arrest, including proper Miranda warnings.
Witness Testimony: Investigating and challenging the credibility and observations of witnesses.
Navigational Rules: Understanding specific boating rules that may or may not apply to the alleged impaired operation.
Our goal is to challenge the evidence, expose weaknesses in the prosecution's case, and pursue every possible avenue to seek a dismissal, reduction of charges, or to minimize the severe penalties associated with a BWI conviction. We are committed to fighting tirelessly to protect your recreational privileges, your freedom, and your future.
Do not let a BWI charge jeopardize your time on the water or your freedom. Take the proactive step to secure expert legal representation. Call Kins Law Firm today to schedule a free, confidential consultation. We are here to provide the experienced and determined legal defense you need in this critical situation.