Cincinnati BUI Attorney
If you’re facing a Boating Under the Influence (BUI) charge, you should immediately contact a Cincinnati BUI defense attorney at Patituce & Associates for help. Boating while under the influence of drugs or alcohol is illegal and can result in criminal charges. Our team of former prosecutors has decades of combined experience and is ready to protect your rights.
Why Choose Patituce & Associates?
With over 70 years of combined experience, our team at Patituce & Associates stands out as a leading choice for BUI defense in Cincinnati. We have a deep understanding of both Ohio laws and BUI cases. Our firm boasts a remarkable track record, having successfully taken more than 400 cases to trial. Our attorneys, including former prosecutors, bring a unique perspective to each case, allowing us to strategize effectively against the challenges you face.
Our Cincinnati office is conveniently located at 212 W. 8th St., Suite 300, near the Fountain Square and Taft Theatre.
Local BUI Incidents in Cincinnati
The Ohio River offers a picturesque setting for recreational activities. However, the popularity of boating here also brings a heightened risk of BUI incidents. This is not just limited to the Ohio River but extends to other local water bodies like East Fork Lake, a common spot for leisurely water activities. Unfortunately, these areas, known for their recreational appeal, also become the settings for BUI cases.
Each water body has its own characteristics and regulations, which can affect a BUI case. For instance, the Ohio River, straddling multiple states, may involve complex jurisdictional issues that we must take into account in our defense strategy.
Our familiarity with these waterways and their unique aspects enables us to create more effective defense strategies. We understand the specific challenges and opportunities that cases from these areas present. By understanding the local boating culture, enforcement practices, and the specific laws applicable to each waterway, we are better equipped to handle BUI cases arising in Cincinnati’s waters.
Whether it’s a case involving a peaceful day on East Fork Lake that took an unexpected turn or an incident on the Ohio River, we bring a depth of local knowledge to each case.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
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Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)
Our client was accused of driving while under the influence of drugs, or alcohol.
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Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
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Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
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Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
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Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
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Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
BUI Regulations for Stationary Watercraft in Ohio
In Ohio, the regulations surrounding Boating Under the Influence extend beyond just driving a boat in motion. Many people wonder if they can avoid a BUI charge by simply anchoring their boat in a secluded spot, away from other watercraft, to enjoy a few drinks while fishing or relaxing. However, the law’s view on this matter is quite clear and strict.
Under Ohio law, being in control of a boat while under the influence of alcohol or drugs is considered a BUI offense, regardless of whether the boat is moving or stationary. This means that even if you anchor your boat in a peaceful area, far from other vessels, and engage in activities like fishing, you are still legally operating the watercraft. Therefore, if you are under the influence in this scenario, you are at risk of being charged with a BUI.
The rationale behind this aspect of the law is rooted in safety concerns. Statistics and studies have consistently shown that alcohol consumption is a significant factor in various boating accidents, including collisions with other boats, stationary objects, and tragic incidents like drowning. The law aims to prevent such accidents by ensuring that anyone in control of a watercraft is sober and capable of responding effectively in case of emergencies or sudden hazards.
The law does not prohibit the consumption of alcohol on a boat. You are legally allowed to drink on a boat, provided you are not the one operating it. The key point is the operation of the boat while under the influence, which is where the law draws a firm line. Even if your boat is anchored, if you’re the operator and you’re under the influence, you are not in compliance with Ohio’s BUI laws.
Common BUI Consequences
When someone in Ohio is found guilty of BUI, they face specific punishments set by the state’s laws. A BUI is classified as a first-degree misdemeanor, carrying a maximum jail sentence of up to six months. This means if you are convicted of a BUI, you can potentially spend half a year in jail. Along with jail time, there’s also a financial penalty involved. The fines for a BUI conviction can vary, but they are a definite part of the sentencing.
One interesting aspect of the Ohio BUI law is the provision for attending a driver intervention program. Instead of serving the minimum mandatory three days in jail, you might have the option to participate in a certified driver intervention program. This can be an alternative to jail time, focusing more on education and rehabilitation.
However, the situation changes if the BUI offense falls under the jurisdiction of the Coast Guard. You might face a civil penalty proceeding rather than a criminal court case in such cases. This type of proceeding is distinct because it doesn’t offer the same protections typically available to criminal defendants. The maximum penalty in these federal civil proceedings is a significant fine, which can be as high as $7,000.
While Ohio law doesn’t call for a boating license suspension following a BUI conviction, there are other ways your boating activities can be restricted. For instance, if you’re arrested for a BUI and refuse to take a chemical test, the Ohio Department of Natural Resources has the authority to prevent you from registering or operating a watercraft for a period that can extend up to one year.
The fines for a first-time BUI offense start at a minimum of $150. However, if you’re convicted of a second BUI within six years following your first offense, the law mandates a jail sentence of at least ten days. Repeat offenders also face a minimum fine of $150, although the actual amount is likely to be higher given the seriousness of reoffending.
What to Do After a BUI Incident
If you’ve been charged with BUI, you must take immediate steps to protect your interests. This includes documenting everything about the incident, adhering to any treatment or legal advice, and keeping all relevant receipts and reports. Most importantly, bringing this information to a law firm like Patituce & Associates can significantly strengthen your case
Call Patituce & Associates Today
Don’t let a BUI charge overturn your life. Our experience is your best defense. or visit our Cincinnati office today.
Contact Patituce & Associates for a free consultation.
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We Know the Legal System
Our criminal defense attorneys understand the legal system and local courts, helping you navigate your case efficiently and avoid costly mistakes.
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We Give You Peace of Mind
Being charged with a crime is overwhelming. With our team on your side, you can focus on your life while an experienced professional handles your defense.
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We Fight For Your Rights
Police and prosecutors sometimes push the limits of the law. We work to protect your rights and prevent unconstitutional evidence from being used against you.
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We Build A Strategic Defense
Fighting criminal charges requires a strong strategy. Our experienced team builds a defense tailored to the specific facts of your case.
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We Work to Mitigate Consequences
One of the main benefits of hiring our Ohio criminal defense attorneys is our ability to help reduce the potential consequences of a conviction.
