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Boating Under the Influence (BUI) What You Need To Know

Posted by David Newton | Mar 25, 2013 | 0 Comments

Although it may not feel like it just yet warm weather is around the corner and that means people will be taking to the waterways soon.  Often overlooked is that Boating Under the Influence is a crime in Massachusetts.  In Fact Massachusetts has one of the toughest criminal statutes for BUI in the country.  M.G.L Chapter 90B Section 8 provides that “No person shall operate any vessel on the waters of the commonwealth with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while such person is under the influence of intoxicating liquor or marijuana, narcotic drugs, depressant or stimulant substances.”  Additionally, the criminal penalty for Boating Under the Influence is a fine up to $1000 and/or imprisonment up to two and a half years.

However, the criminal consequences don't stop there like Operating a Motor Vehicle Under the Influence, Boating under the influence severity of punishments increase if the accused has been previously convicted within the previous six years or ten years for 4th and 5th offenses.   Below is a chart outlining the penalties for subsequent BUI offenses.  With these types of consequences involved it is important that you engage an experienced criminal defense attorney.  Call the Newton Law Firm for a Free Consultation.

David C. Newton, Esq.
The Newton Law Firm
102 Bridge Road, Suite 2B
Salisbury, MA 01952
617-466-6068

BUI/BOATING UNDER THE INFLUENCE PENALTIES IN MASSACHUSETTS

2nd OFFENSE BUI IF WITHIN 6 Years

Incarceration in the House of Corrections: Not less than 14 days, not more than 2 ½ years Fine: $300-$1,000

3rd OFFENSE BUI IF WITHIN 6 Years

Incarceration in the House of Corrections:  Not less than 180 days, not more than 2 ½ years

      Fine: $500-$1,000

4th OFFENSE BUI IF WITHIN 10 Years

Incarceration in the House of Corrections:   Not less than 2 years (1 year Minimum   Mandatory), not more than 10 years state prison

      Fine: $500-$1,000

5th OFFENSE BUI IF WITHIN 10 Years

Incarceration in the House of Corrections:  Not less than 2 ½ years (24 mos. Minimum Mandatory), not more than 10 years

Fine: $1000-$1500

About the Author

David Newton

I served in the U.S. Marine Corps for five years. After serving honorably in the U.S. Marine Corps, I graduated magna cum laude from State University of New York College at Brockport with a B.S. in Business and Economics. I then continued on to obtain my law degree cum laude from Boston Universit...

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Former NYC, Boston and NH State Police Prosecutor Committed to Defending your rights.

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