When the temperatures outside heat up, many Oregonians hit local waterways to have some fun. While boating, swimming and other watersports can be fun, Oregon residents must remember that the state has laws about drinking and boating. Like driving under the influence, boating under the influence is illegal in Oregon. Not only can drinking and boating lead to safety hazards for passengers, it can result in criminal charges.
When on the water, law enforcement officials can enforce these laws. These operating under the influence laws are enforced not only by the Oregon State Police but also by the U.S. Coast Guard and county sheriffs. If a person is found with a blood alcohol content level of .08 percent or higher, then the person can be charged with an OUI offense.
There are serious penalties for an OUI conviction. These penalties include up to one year in jail and up to a $5,000 fine. Additionally, a person convicted of OUI charges can also lose the right to operate a boat for one year. People can also see their boat registrations suspended for up to three years for a conviction. Finally, an OUI conviction can result in the person having to participate in a boating education safety course.
Oregon residents should understand that these penalties do not just apply to people in motor boats. In fact, operating any watercraft -- including a canoe, kayak or raft -- under the influence of alcohol is illegal under these provisions.
Much like with drunk driving charges, police will need to gather evidence that a person was boating under the influence. In order to do this, they may use a breath test or sobriety test. These tests must be carried out in a specific way in order to be valid. Those accused of OUI should understand how much is at stake for them. An attorney can help to safeguard a defendant's rights and thoroughly scrutinize the government's evidence.
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