Portland BUII Attorney: Your Guide to Defending Charges
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.
Key Elements Needed for a BUII Conviction
(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.
Alternative Grounds for BUII Charges
(1) on a certain day (2) in a certain county (3) on waters in Oregon (4) you (5) owned or were the person in charge of (6) a boat (7) and you authorized or knowingly permitted the boat (8) to be propelled or operated (9) by a person (10) who was under the influence of intoxicating liquor or a controlled substance.
Understanding How Evidence is Used in BUII Cases
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.
Seek Legal Advice for Serious BUII Charges
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.
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