Read about the consequences of boating under the influence (BUI) in Nebraska.
In Nebraska, it's not only illegal to drive a car while intoxicated but also to operate a boat while under the influence of drugs or alcohol. This article explains Nebraska's boating under the influence (BUI) law and the penalties you'll face for a BUI conviction.
Nebraska's Boating Under the Influence (BUI) Law
Nebraska law prohibits being in "actual physical control" of a motorboat or personal watercraft while under the influence of drugs or alcohol.
Nebraska's BUI Law Applies Only to Motorized Boats and Watercraft
In some states, you can get a BUI on non-motorized vessels. However, Nebraska's BUI applies only to motorized boats and watercraft.
Generally, the term "motorboat" includes "any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors." "Personal watercraft" generally refers to all types of jet skis.
How Nebraska's BUI Law Defines "Under the Influence"
A person can be convicted of boating under the influence for being in actual physical control of a motorboat or jet ski while:
- having ingested drugs and/or alcohol "in an amount sufficient to impair to any appreciable degree the [boater's] ability to operate a [boat] in a prudent and cautious manner," or
- having a blood alcohol concentration (BAC) of .08% or greater.
So, a BUI conviction can be based on actual impairment from drugs or alcohol or BAC concentration.
Nebraska's Boating Under the Influence (BUI) Penalties
The consequences of a Nebraska BUI depend on the circumstances of the case. But, generally, the possible penalties include fines, operator's license suspension.
Consequences of a 1st Boating Under the Influence Conviction in Nebraska
A first-offense BUI is a class II misdemeanor. Convicted boaters face up to six months in jail and/or a maximum $1,000 in fines. The judge must also order the boater not to be in actual physical control of a boat or personal watercraft for at least six months (60 days if the judge suspends the sentence).
Consequences of a 2nd or 3rd Boating Under the Influence Conviction in Nebraska
A second or subsequent BUI is a class I misdemeanor. Convicted boaters face up to one year in jail and/or a maximum $1,000 in fines. The judge must also order the boater not to be in actual physical control of a boat or personal watercraft for at least two years.
Talk to a Nebraska DUI Attorney
If you've been arrested for or charged with boating under the influence in Nebraska, get in contact with an experienced DUI attorney (a DUI attorney will have the best idea of how to deal with a BUI). The facts of every case are different. A qualified DUI attorney should be able to explain how the law applies to the facts of your case and help you decide on your best course of action.
