BUI Attorney in Bend, OR

A BUI Charge Doesn’t Have to Sink Your Future - Contact Us Now

In Bend, Oregon, Boating Under the Influence (BUI) is a serious criminal charge with potentially severe consequences. Oregon law treats BUIs similarly to DUIs, applying stringent penalties to those operating watercraft while impaired by alcohol or drugs.

Oregon’s scenic waterways, including the Deschutes River and nearby Cascade Lakes, are patrolled regularly by law enforcement officers who ensure navigational and public safety. Patrols often increase during events like the Bend Summer Festival or Fourth of July weekend when boating activity peaks. 

Boaters should be aware that officers have the authority to stop vessels and conduct safety inspections at any time, which can include sobriety checks if impairment is suspected. Being informed and cautious is crucial for both safety and compliance.

Let a trusted BUI attorney in Bend help you navigate your legal options. Call (541) 312-5150 or message us today to book your confidential consultation and get the guidance you need.

Understanding BUI Charges in Oregon

In Oregon, the offense of Boating Under the Influence (BUI) is codified under Oregon Revised Statutes (ORS) 830.325, titled "Operating boat while under influence of intoxicants." This statute makes it illegal to operate, propel, or be in actual physical control of any boat on any waters of Oregon while under the influence of intoxicating liquor, cannabis, psilocybin, an inhalant, or a controlled substance.

Key Elements of an Oregon BUI Charge:

1. Operation/Control of a Boat: This means more than just driving. It includes propelling the boat (e.g., sailing, rowing, using a motor) or being in "actual physical control," which could involve being in the boat with the keys in the ignition, even if the engine isn't running.
2. On Any Waters of This State: This applies to all navigable waters within Oregon, including rivers, lakes, reservoirs, and coastal waters.
3. Under the Influence of Intoxicants: Oregon law defines "under the influence" in similar ways to DUI:

• Blood Alcohol Content (BAC) of 0.08% or More: This is the "per se" limit. If your BAC is proven to be 0.08% or higher (for adults), you can be convicted of BUI, regardless of whether your boating was actually impaired.
• Impairment to an Appreciable Degree: Even if your BAC is below 0.08%, you can still be convicted if the prosecution can prove that your physical or mental faculties were impaired to an appreciable degree by alcohol, drugs, or a combination, making you unable to operate the boat as a reasonable, sober person would.
• Cannabis, Psilocybin, Inhalants, Controlled Substances: The law specifically includes impairment from these substances, not just alcohol.

"Implied Consent" for BUI 

Similar to DUI laws, Oregon has an "implied consent" law for BUI (ORS 830.505). By operating a boat on Oregon waters, you are deemed to have given consent to submit to a breath, blood, or urine test if requested by a peace officer who has reasonable grounds to believe you are under the influence. 

Refusal to submit to a chemical test can lead to additional penalties and can be used as evidence against you in court. A skilled BUI lawyer in Bend will advise you on the implications of implied consent.

Penalties for BUI Convictions in Oregon

A BUI conviction in Oregon carries significant penalties that can impact your freedom, finances, and recreational activities. Unlike many states where BUI is a simple infraction, Oregon treats BUI as a criminal offense, a Class A Misdemeanor for a first offense. This means it is a serious charge with severe consequences.

Penalties for a First BUI Offense (Class A Misdemeanor):

• Jail Time: Up to one year in county jail.
• Fines: Up to $6,250.
• Loss of Boating Privileges: Your privilege to operate a boat in Oregon waters will be suspended for one year following conviction. This includes the suspension of your boating safety education card.
• Suspension of Boat Registrations: All boat registrations in your name can be suspended for up to three years.
• Mandatory Boating Safety Course: You will be required to complete a boating safety education course.
• Criminal Record: A conviction results in a permanent criminal record, which can affect employment, housing, and other aspects of your life, just like any other misdemeanor conviction.
• Counting Towards DUI (DUII): Critically, a conviction for Boating Under the Influence in Oregon counts toward any of your first three arrests for Driving Under the Influence of Intoxicants (DUII) on land. This means a BUI conviction can be used to enhance penalties if you face a subsequent DUII charge in a motor vehicle. This linkage underscores the serious nature of a BUI, and why a skilled BUI lawyer in Bend is so important.

Penalties for Subsequent BUI Offenses:

If you have prior BUI or DUII convictions, the penalties for subsequent BUI offenses will increase, similar to how DUII penalties escalate. While ORS 830.325 outlines the general misdemeanor, repeat offenses or those involving aggravating factors (e.g., causing injury or death) can lead to felony charges with state prison time.

Aggravating Factors That Can Increase Penalties:

• Refusal to Submit to a Chemical Test: This can lead to additional penalties, and the refusal itself can be used as evidence against you in court.
• Causing an Accident or Injury: If your BUI results in an accident, property damage, serious bodily injury, or death, you could face felony charges with significantly longer prison sentences and higher fines.
• Excessively High BAC: While not explicitly defined as an enhancer like in some DUI laws, a very high BAC can influence a judge's sentencing decision.
• Prior Criminal Record: Previous convictions, especially for DUI or other violent crimes, can lead to harsher sentences.

The serious nature of these penalties, and their potential crossover impact on your driving record, emphasizes the absolute necessity of retaining an aggressive and knowledgeable BUI lawyer in Bend immediately upon facing such allegations. Ward, Grover, & Thomas is committed to protecting your rights and fighting to mitigate the devastating impact of these charges.

Your Legal Rights After a BUI Charge

Facing a BUI charge can be overwhelming, but understanding your rights is crucial. In Oregon, you have the right to a fair trial, the right to legal representation, and the right to appeal your conviction. It's essential to seek the guidance of a knowledgeable BUI lawyer familiar with Bend’s legal processes and local court systems, such as those at Ward Grover & Thomas.

From the moment you are charged, you have the right to remain silent and refrain from making any statements that could be used against you in court. It’s important to contact an attorney immediately to guide you through the legal process. A skilled BUI lawyer can examine the circumstances of your arrest, scrutinize the evidence against you, and advocate for your rights in court, potentially mitigating the charges or achieving a favorable plea agreement.

How Ward Grover & Thomas Can Help You

At Ward Grover & Thomas, we recognize the stress and uncertainty that come with BUI charges. With over 50 years of combined experience, our team is well-versed in both state and federal laws and is dedicated to crafting tailored defense strategies that fit each client’s unique situation. Our Bend-based attorneys provide compassionate, zealous representation from arrest through trial, ensuring your rights are protected every step of the way.

Our extensive courtroom experience allows us to effectively negotiate with prosecutors and challenge any evidence that may not have been properly obtained. We focus on every detail of your case, from investigating the legality of the vessel stop to the administration of field sobriety tests. Our commitment to a comprehensive defense ensures that no aspect of your case is overlooked, providing you with the confidence that your case is in capable hands.

Our approach includes:

• In-depth Case Analysis: Thorough evaluations to identify key strengths and weaknesses in your defense.
• Strategic Defense Planning: Customized strategies developed to challenge the prosecution’s case effectively.
• Expert Resources: Access to investigators and expert witnesses to support your case.
• Comprehensive Representation: Continuous support from the initial consultation through the resolution of your case.

Take the Next Step: Secure Your Defense

Remember, time is of the essence when dealing with legal matters. Early intervention can make a significant difference in the outcome of your case. At Ward Grover & Thomas, we promise to stand by you, offering the knowledge and dedication necessary to help you navigate the uncertain waters of BUI charges effectively. We are here to alleviate your concerns and provide you with the legal support necessary to focus on what matters most—reclaiming your future.

Facing a BUI charge in Bend requires prompt and decisive action to protect your future. Reach out to Ward Grover & Thomas at (541) 312-5150 to schedule a consultation.