Nevada law prohibits operating or being in actual physical control of a vessel “under power or sail” while under the influence of drugs or alcohol. A person can be convicted of boating while intoxicated (BWI) for operating a vessel while:
(Nev. Rev. Stat. Ann. § § 488.035, 488.400, 488.410 (2016).)
The consequences of a Nevada BWI conviction depend on the circumstances of the case. But generally, the possible penalties are:
(Nev. Rev. Stat. Ann. § § 193.150, 488.410(5), 488.420 (2016).)
A boater who causes the death of another person while operating a vessel under the influence and has at least three prior BWI convictions can be convicted of “homicide by vessel.” Homicide by vessel is a category A felony and carries ten years to life in prison. (Nev. Rev. Stat. Ann. § 488.425 (2016).)
HOW MUCH TIME WOULD YOU ACTUALLY SPEND IN JAIL?
Sentencing law is complex. For example, a statute might list a “minimum” jail sentence that’s longer than the actual amount of time (if any) a defendant will have to spend behind bars. All kinds of factors can affect actual punishment, including credits for good in-custody behavior and jail-alternative work programs.
If you face criminal charges, consult an experienced criminal defense lawyer. An attorney with command of the rules in your jurisdiction will be able to explain the law as it applies to your situation.
The consequences of a Nevada BWI are serious, and the facts of every case are different. If you’ve been arrested for boating under the influence, get in touch with an experienced BWI lawyer. A qualified attorney can explain how the law applies to the facts of your case and help you decide on your best course of action.