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.
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.
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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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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One of the main benefits of hiring our Ohio criminal defense attorneys is our ability to help reduce the potential consequences of a conviction.
