Cincinnati-Landscape

Planning to head out onto the Ohio this weekend? Bringing a cooler full of beer and stocking a bar?  As a criminal defense attorney, I have learned that many “captains” don’t know the law when on the open water.

Because of safety issues that are unique to operating a boat, law enforcement may randomly stop your boat without a warrant and perform a safety inspection, even without any suspicion that you’ve violated any law. During the safety inspection, they may expand the inspection to include a sobriety check, if they have a reasonable suspicion that the vessel operator is intoxicated. However, this authority only extends to Coast Guard officers, and not to state, county or city marine patrol officers.

Also, there is no automatic license suspension component in the laws that cover boating while intoxicated (BWI). This means that, even if you are found guilty of BWI, you cannot lose a boating license, since none is required for non-commercial uses in Ohio waters. Further, you also will not automatically lose your automobile driving privileges. However, if you refuse to submit to a chemical test to determine if you’re intoxicated, the Ohio Department of Natural Resources may prohibit you from operating or registering a watercraft for 12 months.

If you are successfully prosecuted by the state (after arrest by local marine police patrol, state watercraft officers, etc.), the BWI penalties are very similar to other “driving while intoxicated” penalties. You will be fined and receive a jail term, with the same court options to attend a certified driver intervention program as a substitute for the minimum three-day jail term. However, if the Coast Guard issues you a notice of violation, your case may be heard in a civil penalty proceeding, without the protections normally afforded to criminal defendants. The maximum penalty you may receive in a federal civil proceeding for BWI is $7,000. Also, the Coast Guard may transfer you to the custody of state watercraft officers for state prosecution.

The BWI law would apply to you if you were the operator of the vessel, that is, the person who is navigating the vessel while it is not secured to the shore or a dock, or at anchor in a designated anchorage area. Merely dropping your anchor outside a navigation channel or offshore on Lake Erie does not place you in a “designated anchorage area.” You must look at the chart and navigation aids to determine the location of a designated anchorage area. Even though you may be anchored for an afternoon of fishing, you still may be considered to be operating the vessel for purposes of the law.

The law does not prohibit the consumption of beer while operating a boat; rather, it prohibits the operation of a vessel while under the influence of alcohol, a drug of abuse, or a combination of them. The standards used to determine whether you’re under the influence parallel those used to determine whether you’re under the influence for driving a motor vehicle on land.

The Bottom Line: If you have been arrested for boating under the influence, you need to speak to an experienced criminal defense attorney to do everything you can to mount a defense against these charges. Give me a call for the skilled representation you need: 513–260-2099