Summer in Maine means time on the water—whether you’re fishing on Sebago Lake or enjoying a day on the Saco River. Maine law prohibits boating under the influence (BUI), and the consequences can be severe.
If you’ve been charged with BUI in Maine, it’s critical to understand your rights and consult an experienced criminal defense attorney in southern Maine who can help you navigate the legal system.
What Is Boating Under the Influence in Maine?
Under 12 M.R.S. § 10701, it is illegal to operate a watercraft while under the influence of intoxicants, including alcohol, marijuana, or other drugs. A person is considered under the influence if their blood or breath alcohol content (BAC) is 0.08% or higher, or if they are impaired to the extent that it affects their ability to operate the vessel safely. This applies to motorboats, jet skis, and any other motorized watercraft.
What Are the Penalties for BUI in Maine?
A conviction for boating under the influence in Maine can carry serious consequences.
The penalty for a first violation includes jail time of up to 364 days in jail and a fine of not less than $400 and not more than $2,000. In addition, there is a minimum mandatory 48 hour jail sentence if you:
- Were tested as having an alcohol level of .15% or more,
- Failed or refused to stop for an officer, or
- Failed to submit to a chemical test, which may include a blood test, breath test, or urine test.
Penalties for second or subsequent offenses include increased fines and jail time. A second offense carries a minimum mandatory 7-day jail sentence. A third offense carries a minimum mandatory 30-day jail sentence.
How Is BUI Enforced?
Maine game wardens and marine patrol officers actively patrol popular boating areas and can stop a vessel for safety checks or suspected impairment. Chemical testing (such as breath or blood tests) is often used to determine BAC.
What Happens Next After a BUI Arrest?
After a boating under the influence arrest in Maine, your case typically begins with an arraignment in the Unified Criminal Docket for the county where the incident occurred—often in York Judicial Center (Biddeford) or Cumberland County Courthouse (Portland) if you were arrested in Southern Maine. At your arraignment, you’ll be formally charged and asked to enter a plea. From there, the case may proceed to a dispositional conference. It’s important to retain a knowledgeable criminal defense attorney early in the process to obtain evidence about your arrest, evaluate that evidence, file any necessary motions, and advocate on your behalf during each stage of the proceedings.
Why You Need a Maine BUI Defense Attorney
Facing a BUI charge can feel overwhelming, especially if it’s your first encounter with the legal system. The prosecution must prove beyond a reasonable doubt that you were impaired while operating a watercraft. An experienced southern Maine criminal defense lawyer can review the evidence, challenge the legality of the stop, question the validity of test results, and negotiate for reduced charges or dismissal.
Many of the defenses to operating under the influence on land also apply to boating under the influence. Some common defenses are:
- Inaccurate BAC Results: Breath or blood test results are not always reliable. Your attorney can examine the test procedures and challenge any flaws.
- Improper Field Sobriety Tests on Water: Standard field sobriety tests are not always reliable or feasible on a boat due to movement, instability, and environmental conditions. If an officer based their conclusion primarily on field sobriety tests conducted on unstable footing, those findings may be called into question.
- Medical or Physical Conditions: Certain medical conditions or physical impairments—such as fatigue, dehydration, or balance disorders—can mimic signs of intoxication. These factors can be used to explain or cast doubt on the observations of law enforcement.
- No Evidence of Impairment: Even if alcohol was consumed, the prosecution must prove that you were operating the boat while impaired. Simply having alcohol in your system is not enough to convict. Your lawyer may argue that your actions showed no signs of impairment.
A Strong Defense Starts Early
If you’ve been arrested for BUI in York County, Cumberland County, or elsewhere in southern Maine, don’t wait. Early intervention by a skilled defense attorney can make a critical difference in your case.
This article is for informational and educational purposes, and is not intended to be legal advice. You should consult legal counsel to assess the legal issues specific to your case. The attorneys at Libby O’Brien Kingsley & Champion have decades of experience in criminal law, including Boating Under the Influence.
