Nothing to do with the USCG

If it's with a Game Warden or the Sharif . . . they will haul you off

If the defendant is in New Jersey a .09 is a minimum three month loss of license to operate an automobile, and a one year loss of license-privilege to operate a boat. What state did this occur? But you mentioned breathalyzer, in New Jersey the police (NJSP for our waterways) use the alcotest; howevever, some states and the US Coast Guard may still use the breathalyzer, and apparently the US Coast Guard had a busy enforcement weekend in the Great

Lakeshttp://coastguardnews.com/great-lakes-coast-guard-has-busy-weekend-of-boating-under-the-influence-enforcement/2012/06/11/ :

I posted this in 2007, but is still the law in New Jersey today, NJ boaters and BUI/DUI.

If you get a BUI (or DUI) in New Jersey, e-mail me. I will help you.

"Yes, the officer can and do charge people with BUI/DUI if they cannot pass the physical (field sobriety tests, observation, odor of alcohol) .

Example: If a driver of a car is weaving and touches the yellow line in the middle of the road, and is pulled over, and he has the odor of alcohol on his breath the officer will conduct the road-side sobriety tests. Once the lights go on on the officers the car the tape starts rolling (on NJSP cars and most towns). If you fail the test, then you are arrested so DUI. The Alco-test (New Jersey's new machine that replaced the Breathalyzer) will be administered. If your Blood Alcohol Concentration is less than .08 (BAC) you are considered under the legal limit; HOWEVER, if you smell and act intoxicated, and cannot successfully comply with the officer's commands (field tests), you can be charged with DUI.

The burden of proof is on the Prosecution, but the now charged individual (the defendant), has to put on a defense, and that means spending $$$ on a lawyer. In most instances the DUI will be dropped. Most Prosecutor's with these marginal cases will accept a plea deal when you have a lawyer on these marginal case; I have never seen a .07 BAC or less DUI charge, let alone a person charged with a .03 BAC (and no drugs). That just BS.

You can be convicted in NJ based just on the physical observation; If the BAC reading has been deemed to be inadmissable due to a variety of possible reasons (lawyer finding the holes in the Prosecution's evidence to have evidence barred/inadmissible) it just makes my job a little easier. But if you are on tape unable to stand , arguing, slurred speech, looking like a drunk - that can be very damaging to the defense of the charge, pretty obvious.

If you are convicted for Boating Under the Influence, first offense and you BAC is between .08 and .09, loss of boating privilege for 1 year, loss of automobile privilege for 3 months, fine range of $250 to $400, two days (not less than six hours each day) at the IDRC (intoxicated Driver Resource Center usually on a Friday evening and on a Saturday) twelve hours.

If your BAC is .10 and above on a first offense (conviction) you will lose your automobile driving privilege for seven months to one year, fine range of $300 to $500, and IDRC,(and your actual New Jersey license which will be surrendered to the court at sentencing on both the .08 to .09 conviction and the .10 and above conviction) . Now these are just the plain vanilla charges, if there is personal injury there are enhanced penalties. Interlock for a BAC of .15 and higher for a period of six months to one year

The court has the discretion to sentence you up to thirty days. Interlock ignition device (this is a ever changing law in NJ).

Other fines include, $200 to DWI enforcement, $50 Violent Crime Compensation Fund, $75 Safe Neigborhood Fund, $200 restoration fee, $150 IDRC (Intoxicated Driver Resource Center), $33 court costs - these fines/cost(s) are mandatory.

There is a NJ DMV surcharge of $1,000 a year surcharge for three years for any DUI conviction.

Second Offense, two year loss of license (motor vehicle), plus more enhanced penalties. Interlock device for one to three years.

Third Offense, ten year loss of license (ditto)

Hope some of this information is helpful to all. If you get caught, it is very costly.

PS, the charge for you computer literate researchers is ----
N.J.S.A. 39:4-50 Driving while intoxicated"

Stephen R. Jones, Attorney-at-Law (and performance boater)[/QUOTE]

Not sure if the auxillary cg can even administer breathalizer tests let alone issue citations for bui but the real cg can mess with your aquatic activities quite well. Sounds strange that they did so many sobriety tests then finally resorted to a breathalizer, & then not detain him.

That is where he was. He called me afterwards to see if I could come down to the ramp and load his boat onto his trailer. He said they would not allow him to put the boat onto the trailer. He said all he got was the white copy of the boarding report that stated DUI and .09. He was not released to any other LE agency. He said they gave him the paper and he was free to go and they went on their way boarding the next boat that was pulling up.

The incident I mentioned previously was at Kelleys Island. They towed us back to the CG station in Marblehead and we called a taxi to get home and picked the boat up the next day. The whole crew was actually very polite about the entire ordeal.

How much was the fine? He's thinking it's up to a $1,000. He was just worried because he received a DUI 5 years ago. Wasn't in a boat but on a 4 wheeler. This guy has some bad luck. Or as some people say just very bad decisions.

The fine from the Coast Guard 10 years ago was $1500. You can dispute it or just pay the fine. They will not mess with your license becouse they are part of the federal govt. not the state.