Anyone that has spent time in Northern Michigan’s beautiful waterways knows that boating is a way of life around here.  Marinas often have multiyear waiting lists and the lines on a Saturday morning at a local boat launch on a warm summer day can seem to go on for days.  Many of these recreational boaters believe that the only thing more important than gas in the tank, is cool beverages in the cooler.  While Michigan’s laws related to the consumption of alcohol on our waterways may seem lax compared to the roadways (no open intoxicants rule on the water – even for the driver), knowing the rules may help prevent an unwanted boarding by law enforcement.

In 2015 the Michigan Legislature adopted legislation that brought the standards for Boating Under the Influence (BUI) in line with those in place on our roadways.  Impairment is presumed, therefore, for anyone registering a blood alcohol level at or above .08.  There is currently no ‘superdrunk BUI’ law in Michigan as there is on the roadways. A prior BUI may enhance a subsequent charge, i.e. BUI 2nd, and lead to enhanced punishment. Punishment is also enhanced if there is someone on board at the time of the BUI that is less than 16 years of age.

If you have been charged with a BUI in Northern Michigan you should know that the consequences are serious and your best bet to protect your rights is to contact an experienced BUI attorney as soon as possible.  The language in the BUI statute set out clear parameters and defenses based on whether or not you were in fact ‘operating’ the vessel. Let The Law Office of Mattias Johnson craft a defense strategy for you and do everything in our power to get your case dismissed.