BUI Attorney in Grand Rapids

Charged with Boating Under the Influence? A Conviction Can Cost You More Than Just Your License

If you are caught operating a boat under the influence (BUI) in Grand Rapids, MI, it’s important to understand the specific laws and consequences you may face. Michigan law treats BUIs with serious implications, similar to operating while intoxicated (OWI), including possible fines, jail time, and a permanent record. 

Given the presence of numerous lakes in the Grand Rapids area, law enforcement is vigilant about ensuring water safety. This heightened enforcement is partly due to the popularity of boating activities in West Michigan, attracting both locals and tourists, which increases the potential for accidents on the water if alcohol consumption is involved.

Engaging in BUI not only poses significant legal consequences but also endangers the safety of all those enjoying Michigan’s waters. Furthermore, BUI charges can negatively impact your personal and professional reputation, further emphasizing the need for competent defense representation from a reliable BUI lawyer in Grand Rapids.

Contact a seasoned BUI attorney in Grand Rapids today. Call (616) 227-3737 now or reach out online to schedule your free legal consultation.

Understanding BUI Charges in Michigan

In Michigan, the offense of Boating Under the Influence (BUI) is codified under Michigan Compiled Laws (MCL) 324.80176, as part of the Marine Safety Act. This statute makes it illegal to operate a vessel on any Michigan waters while under the influence of intoxicating liquor, a controlled substance, or a combination of both. It applies to all types of watercraft, from motorboats and personal watercraft (like jet skis) to sailboats, kayaks, and canoes.

Key Elements of a Michigan BUI Charge:

1. Operation of a Vessel: This means being in actual physical control of a boat, personal watercraft, or any other type of watercraft.
2. On Any Waters of This State: This applies to all navigable waters within Michigan, including inland lakes, rivers, and the Great Lakes.
3. While Under the Influence of Intoxicants: Michigan law defines "under the influence" in several ways, mirroring OWI laws:
   • Operating While Intoxicated (OWI):
     • Blood Alcohol Content (BAC) of 0.08% or greater
     • Impairment of Mental or Physical Faculties
   • Operating While Visibly Impaired (OWVI)
   • Operating with the Presence of Drugs (OWPD)

"Implied Consent" for BUI 

Michigan's Implied Consent Law also applies to BUI offenses. By operating a vessel on Michigan waters, you are deemed to have given consent to submit to a chemical test (breath, blood, or urine) 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 an automatic driver's license suspension and can be used as evidence against you in court. A skilled BUI lawyer in Grand Rapids will advise you on the implications of implied consent and refusal.

Penalties for BUI Convictions in Michigan

A BUI conviction in Michigan carries significant penalties that can impact your freedom, finances, and recreational activities. Unlike many states where BUI is a simple infraction, Michigan treats BUI as a criminal offense, often mirroring the severity of OWI (drunk driving) penalties.

First Offense BUI (Misdemeanor):

• Jail Time: Up to 93 days in jail.
• Fines: Up to $500, plus court costs and fees.
• Community Service: Up to 360 hours.
• Driver's License Sanctions (Secretary of State - SOS): This is a critical point. A BUI conviction in Michigan can lead to points on your driver's license and potentially a suspension or restriction:
  • Points: 6 points on your driving record.
  • Suspension: Mandatory suspension of your driver's license for 90 days. During the first 30 days, there are no driving privileges. After 30 days, a restricted license may be available for the remaining 60 days.
• Boating Privileges Suspension: Loss of boating privileges for the same period as driver's license suspension.
• Drug/Alcohol Assessment & Treatment: Mandatory.

Second Offense BUI (within 10 years, Misdemeanor):

• Jail Time: Mandatory minimum of 5 days up to 1 year in jail.
• Fines: $200 to $1,000, plus court costs and fees.
• Community Service: 30 to 90 days.
• Driver's License Sanctions (SOS): Your driver's license will be revoked for at least 1 year (no driving whatsoever, no restricted license available during this period).
• Boating Privileges Suspension: Loss of boating privileges for the same period as driver's license revocation.
• Vehicle Immobilization/Forfeiture: Possible vehicle immobilization (e.g., 90 to 180 days) or even vehicle forfeiture.
• Drug/Alcohol Assessment & Treatment: Mandatory.

Third or Subsequent Offense BUI (within 10 years, Felony):

• A third BUI offense within 10 years is automatically a Felony.
• Prison Time: 1 to 5 years in state prison, OR 30 days to 1 year in county jail followed by probation.
• Fines: $500 to $5,000, plus court costs and fees.
• Community Service: 60 to 180 days.
• Driver's License Sanctions (SOS): Your driver's license will be revoked for at least 5 years (no driving whatsoever, no restricted license available).
• Boating Privileges Suspension: Loss of boating privileges for the same period.
• Vehicle Immobilization/Forfeiture: Mandatory vehicle immobilization (1 to 3 years) or possible vehicle forfeiture.
• Drug/Alcohol Assessment & Treatment: Mandatory.

Aggravating Factors That Can Increase Penalties

• Refusal to Submit to a Chemical Test: Leads to an automatic 1-year driver's license suspension for a first refusal, and 2 years for subsequent refusals, separate from any court-ordered suspension. This suspension runs consecutively.
• Operating While Intoxicated Causing Serious Injury (Felony): Up to 5 years in prison, up to $5,000 fine, 1-year license revocation.
• Operating While Intoxicated Causing Death (Felony): Up to 15 years in prison, up to $10,000 fine, 1-year license revocation. If operating a vehicle while intoxicated and causing death to a police officer or emergency responder, penalties are even more severe.
• Operating While Intoxicated with a Minor (Under 16) in the Vessel: Carries enhanced penalties, including longer jail time and higher fines.
• High BAC (0.17% or greater - "Super Drunk" BUI): While not explicitly creating new BUI charges, a BAC of 0.17% or higher can influence sentencing, potentially leading to increased jail time, larger fines, and longer mandatory alcohol treatment programs.

The serious nature of these penalties, especially their direct impact on your Michigan driver's license, emphasizes the absolute necessity of retaining an aggressive and knowledgeable BUI lawyer in Grand Rapids immediately upon facing such allegations. Tanis Schultz is committed to protecting your rights and fighting to mitigate the devastating impact of these charges.

The BUI Legal Process in Grand Rapids

In Grand Rapids, the legal process for a BUI charge may involve initial court appearances at the 61st District Court, where preliminary hearings set the stage for your defense. A dedicated BUI lawyer familiar with this court can provide indispensable guidance, ensuring you're well-represented at each step. Your attorney will help navigate pre-trial motions, plea negotiations, and possible trial proceedings, depending on the case specifics.

Our team leverages its extensive experience within the West Michigan court system to anticipate the strategies of local prosecutors. This foresight allows us to prepare robust defenses tailored to counteract the typical arguments brought against BUI defendants. From contesting the legality of the stop to scrutinizing the accuracy of field sobriety tests, our in-depth legal knowledge becomes your asset in court.

Why Choose a BUI Lawyer in Grand Rapids

At Tanis Schultz, our approach combines over 50 years of legal experience with a team-based strategy to tackle your unique case challenges. By engaging a dedicated BUI lawyer in Grand Rapids, you benefit from our tested litigation strategies and personal dedication to guiding you through the local legal process efficiently. Our commitment goes beyond just defending your case; we aim to provide peace of mind through clear communication and a deep understanding of the nuances involved in BUI cases.

Other benefits include:

• Advanced Technology Integration: We utilize state-of-the-art technology to gather and present evidence effectively, ensuring no detail goes unnoticed. This technological edge allows us to challenge law enforcement's evidence collection methods, which can be pivotal in a BUI defense.
• Comprehensive Support: With a team approach, you receive the collective wisdom and strategy from all of our skilled attorneys. We meet weekly to discuss cases, ensuring no stone is left unturned and every strategic avenue is explored, crucial when handling BUI cases.
• Flexible Scheduling: Offering same-day appointments and free consultations to ensure timely legal assistance. Our accessibility demonstrates our commitment to client care and responsiveness, ensuring we can meet your needs promptly.

Take Action & Protect Your Future

Facing a BUI charge can be daunting. However, with Tanis Schultz, you have a committed partner who's ready to support you through this process. By contacting us, you gain access to our dedication to client-focused outcomes and the expertise of a team ready to navigate both state and local nuances effectively. We understand the intricacies of BUI cases and stand by your side to alleviate concerns through every step of your legal journey.

Don’t delay in seeking expert guidance. Call us today at (616) 227-3737 or reach out online for a free consultation. Let us work to relieve the stress of a BUI charge so you can focus on your future with clarity and confidence.