Idaho residents are known to cool off during the summer by heading to the lake and enjoying their favorite 'beverages'. Unfortunately, this can come at a cost if boat operators are found Operating Under the Influence or OUI.
Similar to driving, if you have been arrested boating while intoxicated or under the influence, you could be found criminally guilty. Having a blood alcohol level (BAL) over 0.08 percent is considered evidence to your intoxication; unfortunately, there are certain factors of boating which can aggravate symptoms or make it appear that you are drunker than you actually are. Just because you have been arrested, however, does not mean that you will be convicted.
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At Boise Advocate, one of our primary areas of practice is handling cases of drunk driving or operating a vehicle under the influence. We are recognized as one of the premier Boise defense firms handling OUI cases and are well-versed in this area of the law. No matter whether you have been arrested after "failing" a breath test or if you are looking to challenge the field sobriety test, you can be confident knowing we have the experience necessary to protect you
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When stopped on suspicion of drunk driving, it is important to note that just because your BAL is under the legal limit does not mean you will not be arrested. In fact, there are circumstances where the officer may simply believe you have had enough to drink to begin affecting your normal faculties. However, as mentioned above, there are many factors of being out on the water that can make it appear as if you are drunk even when you're not. For example, being in the heat can make you fatigued, which can mirror the symptoms of being intoxicated. There are also "stressors," which can make you more susceptible to alcohol or cause symptoms that mirror intoxication.
These stressors all come from the marine-type environment, such as the following:
All of these can cause a driver to become fatigued and to begin to display symptoms that are similar to boating when intoxicated. The USCG warns that these stressors can also cause a boat operator to lose coordination, judgment and reaction time faster than someone who was drinking on land. This is made only worse by the fact that boat operators often do not have the benefit of a lot of experience.
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No matter whether you were arrested in a canoe, rowboat, pontoon, raft, or other, it is extremely important that no time is wasted in getting the involvement of an aggressive defense lawyer to look out for your best interests. There are steps that can be taken to protect your rights; at our firm, we know these steps and will do everything possible to ensure that you are defended against any potential criminal charges. Contact Boise Advocate, P.A. as soon as possible to learn more and to schedule your initial case consultation!