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-   -   BUI in michigan... what to expect has anyone had one (https://www.offshoreonly.com/forums/general-boating-discussion/330553-bui-michigan-what-expect-has-anyone-had-one.html)

Michiganboater 09-07-2015 06:46 PM

BUI in michigan... what to expect has anyone had one
 
UI in michigan... what to expect has anyone had one
Well as the topic says I got a BUI this weekend in Michigan from the DNR I blew a .11 they arrested me and i spent the night in county jail. friends of mine were able to take the boat back to the trailer. I was informed that it will not affect my driver's license as far as driving a vehicle goes but I am Not 100% sure I'm looking for advice from someone who has been there and for a heads up on what to expect next thank you

Craney 09-07-2015 06:50 PM

I'm not sure about the driver license I think it does,but PM Smarty on here he will know.

Pwraddr 09-07-2015 06:55 PM

What lake?

rexcramer1 09-07-2015 07:02 PM

I think this year it was just changed from .10 to .08 as the legal limit. I would not assume it will not affect your driver's license. Pony up for a lawyer and if you have no priors learn from your mistake and move on.

Jupiter Sunsation 09-07-2015 08:19 PM

In Florida a BUI definitely affects your license like a DUI would on the street.

Michigan BUI Defense Lawyer

In addition to operating a motor vehicle under the influence of alcohol, boating under the influence is also illegal in Michigan. You can be convicted of a BUI if your BAC limit is .10 or above and you are operating a boat or personal watercraft, such as a jet ski. The penalties for a BUI conviction are similar to a conviction for a DUI, which means that you can be sentenced to jail time, receive fines, and have your driver’s license suspended. Michigan’s Implied Consent law also applies to BUIs.

It is important to understand that being on the water can affect an operator’s impairment more than operating a motor vehicle. The wind, sun, engine noise, vibration, and motion of the boat can all lead to increased impairment. Boating is also seen as a social event, which leads people to not truly think through the consequences of drinking while boating.

Clayfan 09-08-2015 06:41 AM

A BUI charge and convections could prevent you from coming to Canada for business or vacation. In Canada, our DWI Laws are part of our Criminal Code. I know, its extreme, but we read all the time in the paper about people who have been turned back or arrested at the border for having a DWI charge on their record.

klaatutooyou 09-08-2015 06:53 AM

what is you,re other screen name ? this sounds familiar.:cool:

JRider 09-08-2015 07:14 AM


Originally Posted by Clayfan (Post 4352211)
A BUI charge and convections could prevent you from coming to Canada for business or vacation. In Canada, our DWI Laws are part of our Criminal Code. I know, its extreme, but we read all the time in the paper about people who have been turned back or arrested at the border for having a DWI charge on their record.

Very doubtful they would arrest you at the border. You will most likely will not be admitted to Canada...but arrested, No.

ICDEDPPL 09-08-2015 08:13 AM

I`m no lawyer but blowing a .11 with a .10 limit. I`d argue accuracy of equipment. I did stay at a Holiday Inn :-)

JRider 09-08-2015 08:24 AM


Originally Posted by ICDEDPPL (Post 4352233)
I`m no lawyer but blowing a .11 with a .10 limit. I`d argue accuracy of equipment. I did stay at a Holiday Inn :-)

Too bad the limit is .08

cabin fever 09-08-2015 08:55 AM

IN Iowa it DOES affect your driving license.

Also back in 1996 I got a DWI. I blew .105.....limit was .10, I they had a 5% margin of error for equipment accuracy. I still lost. Sucked it up, and moved on. Might as well bend over, and prepare to spend some $$$ on insurance, classes, and all the other crap they make you do.

I was actually pretty lucky. I plead guilty to the judge, and asked for a deferred judgment. I got it. Had to do some community service, pay a fine, pay for SR21 insurance. Lost my license for 6 months.

I had some free consultations for 2 different lawyers. both told me the same thing. Go plead guilty, there isn't much we can do for ya.

Good luck. It sucks, but its not the end of the world.

onesickpantera 09-08-2015 09:10 AM

The limit was recently changed to .08 and a few years ago a BUI did not affect your driver's license. But, I'm not sure a about now.

offshore312 09-08-2015 10:00 AM


Originally Posted by Michiganboater (Post 4352067)
UI in michigan... what to expect has anyone had one
Well as the topic says I got a BUI this weekend in Michigan from the DNR I blew a .11 they arrested me and i spent the night in county jail. friends of mine were able to take the boat back to the trailer. I was informed that it will not affect my driver's license as far as driving a vehicle goes but I am Not 100% sure I'm looking for advice from someone who has been there and for a heads up on what to expect next thank you

in Michigan, charges for OWI / OUI while on watercraft, boats & snowmobiles may (usually are) abstracted to the operator's drivers license. I got popped in South Haven MI in 1997, blew .11 (limit was .10). I had a decent attorney and a reasonable judge who assessed a minimum fine, dropped it to impaired, and ruled that the charge would not be abstracted to my license. I'm not sure that the judge can do that anymore. The South Haven police came into my private gated parking lot, and interrogated me while I was tying up in my slip. The time was the factor, as it was 12:30am. There was no other reason that they had for coming into the gated parking lot.

donzi matt 09-08-2015 10:11 AM

I don't drink anymore, but back when I did my wife (former attorney) told me even if I had only one beer to never ever EVER consent to a breathalizer.

A few years ago a guy in the large group of snowmobilers I was with was pulled over for speeding at 2:30 in the afternoon. He had nothing to drink the entire day but was drunk as an ape the night before during a Superbowl party. The cop claimed he smelled old booze on his breath. He blew .01 over the limit and immediately was given a DUI. SEVERAL witnesses that day said he had nothing to drink, nor was he acting intoxicated in any way. In fact, he agreed to the breathalizer to shut the cop up. Didn't work out so well for him.

Cole2534 09-08-2015 01:49 PM


Originally Posted by donzi matt (Post 4352284)
I don't drink anymore, but back when I did my wife (former attorney) told me even if I had only one beer to never ever EVER consent to a breathalizer.

That's what all my legal eagle friends say. You'll get arrested, taken and booked but the whole time your body is trying to work off that alcohol from your blood and that may be a real benefit.

fasthawk6 09-08-2015 02:34 PM

In ohio it does not affect your license but they can and will pull your sticker for a year and suspend your boating rights. Get a good lawyer and plead it down to something else.

ICDEDPPL 09-08-2015 02:53 PM


Originally Posted by JRider (Post 4352238)
Too bad the limit is .08

I was going off this post, so sorry





Originally Posted by Jupiter Sunsation (Post 4352124)
In Florida a BUI definitely affects your license like a DUI would on the street.

Michigan BUI Defense Lawyer

In addition to operating a motor vehicle under the influence of alcohol, boating under the influence is also illegal in Michigan. You can be convicted of a BUI if your BAClimit is .10 or above and you are operating a boat or personal watercraft , such as a jet ski. The penalties for a BUI conviction are similar to a conviction for a DUI, which means that you can be sentenced to jail time, receive fines, and have your driver’s license suspended. Michigan’s Implied Consent law also applies to BUIs.

.


Wasted Income 09-08-2015 03:15 PM

In this ****hole of ILLinois, refusing to blow, or blowing over .08 will result in automatic 1 year license suspension.....

Biff 09-08-2015 03:44 PM


Originally Posted by ICDEDPPL (Post 4352395)
I was going off this post, so sorry

What is that toy in your Avatar?

CNC 09-08-2015 04:46 PM

[QUOTE=donzi matt;4352284]I don't drink anymore, but back when I did my wife (former attorney) told me even if I had only one beer to never ever EVER consent to a breathalizer.


A attorney said the opposite to me . If you surrender you blood then they can check for all intoxicants (marijuana, pain pills etc) . If you know your totally clean, blood is the better way.

ICDEDPPL 09-08-2015 05:12 PM


Originally Posted by Biff (Post 4352419)
What is that toy in your Avatar?

Hi Biff! :D


http://33outlaw.zenfolio.com/img/s9/...35817280-3.jpg


CZ750 in the avatar

Interceptor 09-08-2015 05:16 PM

http://www.michigan.gov/sos/0,4670,7...1485--,00.html

bwd 09-08-2015 05:25 PM

When asked , if you have been drinking , the answer is ALWAYS No! Everything you say and do is evidence they will use against you.

MichiMike 09-08-2015 05:40 PM

I goes on your license 100% .If this is your 1st owi you will have a DL but restricted for sure and about 5-8g, classes ,probation,AA.Save your money if 1st time skip the lawyer.You will get the same sentence.
That's why I only drink 1 beer and smoke weed. You have to be stupid to get popped on pot.(self incrimination)

Speedracer29 09-08-2015 05:46 PM


Originally Posted by bwd (Post 4352461)
When asked , if you have been drinking , the answer is ALWAYS No! Everything you say and do is evidence they will use against you.

Um, not always.
http://www.yourmichiganduilawyer.com...igation-crime/

SB 09-08-2015 06:15 PM


Originally Posted by MichiMike (Post 4352463)
You will get the same sentence.
That's why I only drink 1 beer and smoke weed. You have to be stupid to get popped on pot.(self incrimination)

You guys must have different weed than we do. :bong:

JRider 09-08-2015 06:30 PM


Originally Posted by ICDEDPPL (Post 4352395)
I was going off this post, so sorry

Was not trying to be a smart ass BTW, in a lot of cases that is a valid argument to avoid conviction or strengthens a plea bargain.

Biff 09-08-2015 06:47 PM


Originally Posted by icdedppl (Post 4352454)

nice!

Rookie 09-08-2015 07:07 PM


Originally Posted by ICDEDPPL (Post 4352454)

Your upholsterer did a better job than I thought. Sunday, I didn't notice the built in sniper rifle rack in the rear 3 man seating. Good work!

grandpasboat 09-08-2015 07:44 PM

What made the DNR pull you over?

wfo1 09-08-2015 07:52 PM


Originally Posted by grandpasboat (Post 4352523)
What made the DNR pull you over?

Revenue generation...:ernaehrung004:

mspdoc 09-08-2015 08:38 PM

BUI in Michigan is a misdemeanor, unless you have 3 convictions, then its a felony. The bac limit was lowered this year to .08. if you are under 21 yoa then you may not have any bac. in other words you would have to blow zero!

Speedracer29 09-08-2015 09:10 PM


Originally Posted by mspdoc (Post 4352553)
BUI in Michigan is a misdemeanor, unless you have 3 convictions, then its a felony. The bac limit was lowered this year to .08. if you are under 21 yoa then you may not have any bac. in other words you would have to blow zero!

Under 21 must be below .02 BAC, same as CPL holders.... So that's like half a Guinness per hour when you factor in the metabolic rate (.016/hr) ...or alternatively, about a 12 pack of Busch Light (sarcasm).

klaatutooyou 09-09-2015 06:35 AM

or ............. just don,t drink and drive:ernaehrung004::

Padraig 09-09-2015 06:43 AM

I think the OP is gone. Come on, made two posts, and poof. Maybe he got life with no parole.

Padraig

BBCLiberator 09-09-2015 09:52 AM


Originally Posted by donzi matt (Post 4352284)
I don't drink anymore, but back when I did my wife (former attorney) told me even if I had only one beer to never ever EVER consent to a breathalizer.

Do that in Michigan, your license is gone for a year minimum, period...ask how I know. It will cost you MORE money, as you have to then go to circuit court to even get a restricted license.

It's not cheap, but it cost me more than double since I refused, otherwise it would have been a slap on the wrist...just don't do it again or it gets nuts on your second time around.

They only blessing is, you don't need a license to operate a boat in Michigan as long as you have had boater safety...

onesickpantera 09-09-2015 01:49 PM


Originally Posted by BBCLiberator (Post 4352740)
Do that in Michigan, your license is gone for a year minimum, period...ask how I know. It will cost you MORE money, as you have to then go to circuit court to even get a restricted license.

It's not cheap, but it cost me more than double since I refused, otherwise it would have been a slap on the wrist...just don't do it again or it gets nuts on your second time around.

They only blessing is, you don't need a license to operate a boat in Michigan as long as you have had boater safety...

That's if you refuse the test after being arrested. Refusing the preliminary test does not carry the same penalties. That being said, I am not sure what benefit refusing the preliminary test does other than buy you some time.

BBCLiberator 09-09-2015 02:08 PM

nevermind...

tbirdusa 09-09-2015 02:22 PM


Originally Posted by BBCLiberator (Post 4352740)

They only blessing is, you don't need a license to operate a boat in Michigan as long as you have had boater safety...

Now that is irony at its best

klaatutooyou 09-09-2015 03:34 PM


Originally Posted by onesickpantera (Post 4352838)
That's if you refuse the test after being arrested. Refusing the preliminary test does not carry the same penalties. That being said, I am not sure what benefit refusing the preliminary test does other than buy you some time.

or cost you some time . depending on when youre last drink was ,takes a few minutes to go thru the procees to get to lungs .


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