BUII / BUI
If you are arrested for BUII (Operating a boat while under the influence of intoxicating liquor or controlled substance), You or the operator of the boat will be given field sobriety tests and asked to take a breath or urine test. You will be given a Citation or Release Order requiring you to appear in Court on a certain day and time.
In order to convict you for BUII the State must prove either that:
(1) on a certain day (2) in a certain county (3) on waters in Oregon (4) you
operated, propelled or were in actual physical control (5) of a boat (6)
while under the influence of intoxicating liquor or controlled substance.
The State can prove that you or the operator were under the influence of intoxicants by showing a blood alcohol count of .08 or greater or a positive result for a controlled substance on a UA or by the results of the performance of Field Sobriety Tests and/or the police officer's observations and opinions.
The maximum penalty for a first conviction for BUII is one year in jail and a fine of up to $6,250. Convicted persons are placed on 12-months of probation and are required to undergo a substance abuse evaluation and treatment and are required to comply with a number of other conditions.
District Attorneys normally recommend jail upon a first conviction. Second and third convictions receive more severe recommendations and consequences.
BUII CRIMES ARE SERIOUS CRIMINAL CHARGES WITH SERIOUS POTENTIAL CONSEQUENCES.
GET ADVICE FROM AN EXPERIENCED LAWYER BEFORE YOU MAKE ANY DECISIONS OR SAY ANYTHING TO ANYONE.
I retained James O'Rourke to handle my alcohol related legal issues. His reputation for handling cases like mine was impeccable. My expectation was for him to find a loophole in my case and get me out of trouble. Based on my previous experience with attorneys I was skeptical.
What I received from Jim O'Rourke was (and still is) astounding... (more)