LaVita

Does anyone know what the penalties are for a BUI that are from the Coast Gaurd? Had a buddy get one yesterday as he was pulling up to the dock. He said that 5 coast guards approached him and asked to do a safety check. He showed them his sticker and the paper that he got when he was already boarded a few weeks ago. He told me that after they saw the paper they went right into questioning him about drinking. He said he took 5 of their field sobriety tests at which he said the coast gaurd that was doing the tests said it doesn't matter if you passed the tests or not we still feel you've been drinking and asked him to do a breatherlyzer which he then blew a .09. They cited him on the boarding report and went on to the next group coming in.

BoatShow239

...what was the state, what was the situation, not sure the USCG needs it, but what was the probable cause?

If they did not detain him, was he truly cited or only "noted"? In most jurisdictions you must be detained and bonded for there to be a citation. My phrasiology may not be exact!

It sounds like they let your friend continue on.

Not to sound like a penis; I am Welsh, Scot, German, French and Jewish so I like to have my, and your, share of coctails, but at .09 it sounds like, in fact, he had been drinking.

As far as the paperwork for passing a previous safety check... really means noting!

If, in fact, your friend was cited, he needs to talk with an attorney!

ps: most states call 0.10 intoxicated, but a subjest can be "ticketed" for being "influenced" at lower levels. Jurisdictions can have "local" rules which are variable.

LaVita

According to him the coast gaurd said it's a civil penalty. They did not arrest him. They gave him a copy of the boarding report marked on the report that it was a BUI and the breatherlyzer results of .09. The limit is .08. He said they told him that he would just receive a letter with the amount he would be fined from the USCG commander.

Downtown42

If they don't haul you in to booking and don't draw blood, you probably have a good chance to get out of it > or just pay the fine if it's a couple hundred banana's. Just my guess.

THRILLSEEKER

Buddy of mine got one a few years ago. He refused to blow. There was no arrest made but he reccieved a rather large fine in the mail a few months later.

TBAG

Interesting......

Never heard of someone getting a BUI and not going to jail.

paul235

sounds like Sandusky barge party.....

whoya

iTrader: (1)

They got a friend of mine last year after the Barge Party. He refused their tests, then they took his stickers off both of his Jet Skis. He can't get new stickers for a year from that day. He hired an attorney and had to go to court a few times as he tried fighting it. Still no stickers for him yet.

Formulabill

If your friend can work this out with a fine , by all means tell him to take the deal. This is a federal case and they can really mess with you. Where is the nearest federal facility or where do they want you to appear, their call.

A few years ago at a poker run we had 2 boaters run into a problem with the Coast Guard, the fine could have been over $10,000 but they were both happy to settle for a thousand each.

keith2500hd

BUI should be .08 in all states, if infact violation they should have been turned over to local authorities. duing 5 field sobriety tests is excessive, i would get witness statements from anybody he knew there. if he was infact intoxicated and they left him to drive home, shows poor judgement on them, they assumed responsibility after testing. they were likely reservist also. he should look for lawyer(use state referal system) that deals with coast guard magistrate and BUI stuff.