Boating DUI Lawyer

Top Boating Under the Influence Lawyer

Michael J. Zarrella, Esq

Law Office Address:

127 Dorrance Street

Providence Rhode island 02903

Cell: 401-523-5271

Office 401-490-6820

Fax: 401-490-3207

MJZarrella@gmail.com

DUI Defense Blog

Rhode Island's best DUI blog

Attoney Michael Zarrella's blog is very informative with respect to DUI law, criminal defense and many of the trends in the Rhode Island judical system. Lawyers often read attorney Zarrella's blog to keep abreast of recent updates in the law.


Attorney Zarrella's Blog <

Boating Under the Influence Lawyer

Have an Experienced Boating Under the Influence Attorney in Your Corner

It’s easy to see why boating in Rhode Island is such a popular activity.  With an ocean coastline and many small islands throughout the Narragansett Bay, Rhode Island water is a very popular place to have fun and enjoy a day. Unfortunately, nothing can ruin a nice day on the water like a boating under the influence charge.  Boating under the influence is a criminal offense and the consequences of which can have a lasting effect. From Providence to the southern coastlines of Newport, Narragansett, and Jamestown, you need to be on alert.  Rhode Island authorities are on the hunt to find those boating under the influence.  Boating under the influence applies to boat operators with a BAC of at least 0.08%

If you are unfortunate enough to be charged with boating under the influence, it is important that you obtain a boating under the influence defense lawyer such as Attorney Michael Zarrella. Attorney Michael Zarrella has over twenty years of criminal experience and is a defense attorney who concentrates his practice in DUI and BUI. Whether on a boat or in an automobile, Michael Zarrella has a track record of winning DUI cases.

Boating Under the influence Penalties

If you have been charged with boating under the influence, you should comprehend the potential penalties you may receive if convicted.  A boating under the influence conviction can be a misdemeanor that will result in a criminal record in Rhode Island. A boating under the influence charge also carries the following mandatory penalties:

A First Violation Boating Under the Influence Penalties

For a  first conviction, with a BAC over 0.08% but less than 0.10%, the penalties are:

  • a civil violation
  • a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250),
  • amay be required to perform ten (10) to sixty (60) hours of public community restitution,
  • may be required to attend a department of environmental management endorsed boating safety course
  • his or her right to operate a watercraft shall be suspended for up to forty-five (45) days.

For a  first conviction, with a BAC over 0.10% but less than 0.15%, the penalties are:

  • misdemeanor
  • fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300,
  • ten (10) to sixty (60) hours of public community restitution

  • imprisoned for up to one year (not mandatory)
  • right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months
  • attendance at a department of environmental management endorsed boating safety course, and/or alcoholic or drug treatment for the individual

For a  first conviction, with a BAC over 0.15% the penalties are:

  • misdemeanor
  • mandatory fine of five hundred dollars ($500)
  • twenty (20) to sixty (60) hours of public community restitution
  • imprisoned for up to one year. T
  • right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months.
  • attendance at a department of environmental management endorsed boating safety course, and/or alcohol or drug treatment for the individual.

 

A Second Violation Boating Under the Influence Penalties

For a second violation within a five (5) year period with a BAC of 0.08% but less than 0.15%, the penalties are:

  • misdemeanor
  • mandatory fine of four hundred dollars ($400).
  • right to operate a watercraft shall be suspended for a period of one year to two (2) years,
  • not less than ten (10) days nor more than one year in jail
  • sentencing judge may require alcohol or drug treatment for the individ

For a second violation within a five (5) year period with a BAC over 0.15%, the penalties are:


  • misdemeanor
  • mandatory imprisonment of not less than six (6) months nor more than one year,
  • a mandatory fine of not less than one thousand dollars ($1,000),
  • and a mandatory suspension of that person's right to operate a watercraft for a period of two (2) years from the date of completion of the sentence imposed under this subsection.
  • The sentencing judge may require alcohol or drug treatment for the individual.

 

A Third Violation Boating Under the Influence Penalties

For a third violation  within a five (5) year period with a BAC of 0.08% but less than 0.15%, the penalties are:


  • felony
  • mandatory fine of four hundred dollars ($400).
  • right to operate a watercraft shall be suspended for a period of two (2) years to three (3) years,
  • sentenced to not less than one year and not more than three (3) years in jail.
  • require alcohol or drug treatment for the individual.
  • discretion of the sentencing judge, to having the watercraft owned and operated by a violator seized

For a third conviction with a BAC of 0.15% or greater, the penalties are:

  • Felony
  • mandatory imprisonment of not less than three (3) years nor more than five (5) years,
  • fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000
  • suspension of that person's right to operate a watercraft for a period of three (3) years from the date of completion of the sentence imposed.
  • The sentencing judge shall require alcohol or drug treatment for the individua
  • discretion of the sentencing judge, to having the watercraft owned and operated by a violator seized



Refusal to take a chemical test

If you operate a boat on Rhode Island waters, you have consented to be tested for alcohol and/or drugs, if requested by a law enforcement official. Refusal to submit to testing carries penalties.


  • fine of $300,
  • $700 assessment fee,
  • up to 60 hours of community service,
  • and loss of boating privileges for one year.
  • loss of boating privileges for one year
  • Fines and penalties will increase substantially with subsequent offenses.