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-   -   Ever gotten a BUI/OUI? (especially in AZ) (http://www.wakeworld.com/forum/showthread.php?t=798662)

k59 06-17-2013 11:21 PM

Ever gotten a BUI/OUI? (especially in AZ)
 
Tell me your story, or your defense-if you had one. I'm in a troubling situation.

NotSure123 06-17-2013 11:42 PM

this should be interesting....if it helps i ALMOST got one for touching the controls while my "DD" was operating the boat. Water patrol saw me coaching her and knew right away what was going on. Lesson learned...

markj 06-18-2013 1:43 AM

Take your lumps and don't ever do it again. Hopefully no one was hurt.

CarZin 06-18-2013 6:26 AM

A few links. First one from a lawyers site with some useful information. Sorry this happened to you. Personally, I've NEVER had a drink while out on the water, allowing others to enjoy it so there is never an issue. I get pretty pissy with the game wardens as a result when i get pulled over multiple times in a weekend. But at the same point, I can understand if the situation is as you describe it, no harm was intended.

From what I had read, you can't do this without a lawyer unless you want to the full force of Arizona law to land on your head. Looks like you guys have a boating license in AZ (we don't in NC) and you'll have that suspended, 24 hours of guaranteed jail, and major fines. I suspect it 'may' count on your driving record and dramatically affect your automobile insurance. It will be a Class 1 Mis and something you'll have to list on job applications. GET A LAWYER. And expect all of this to settle out around 5k if it is anything like a DUI.

http://www.arizonaduicenter.com/prac...ating-dui-oui/
http://www.azlaw4u.com/oui/
http://www.boat-ed.com/arizona/study...0401_700061667

hco 06-18-2013 7:10 AM

Your actual drivers license won't be suspended which is good (at least that's how it is in CT). Lawyer up, and if you failed the roadside Olympics but didn't get breathalyzed make sure your lawyer knows that. Good luck.

machloosy 06-18-2013 7:31 AM

^^^ Lawyer up. If you don't have the money, borrow, finance, steal (joking), or whatever you have too. This is one thing you want experts in your corner. Many many things in life you can take on yourself, this is one situation where not getting pro help may be the dumbest decision out of it all. I've never been here, but I have immediate family who has, spend the money and do it right.

slipknot 06-18-2013 8:24 AM

I have learned that it could cost you up to $10K, I have heard and know of numerous stories from the same waterway that you were probably on. Therefore I have learned from others experience that its simply not worth it, please everyone who is the driver wait till you get back on land to consume your adult beverages. The river mentality is party party party all day long, then drive home. Its not cool. I am sorry to hear you have to learn from experience. Good luck to you, you are going to need it.

fouroheight68 06-18-2013 8:27 AM

A good friend of mine got one at Havasu in 07. He got a lawyer, who kept requesting extensions/pushing the hearing date/whatever they could do to keep pushing it back. After 18 months the DA eventually offered a plea, 1 point drivers license and a fine. I'm not sure the exact circumstances, but I did look up his case record which verified his story. Moral is, get a lawyer.

murphy_smith 06-18-2013 8:37 AM

We had a local incident here a couple weeks ago with an boating accident that ended up with a teenager losing an arm and I have been told that Alcohol was involved.

This was a huge eye opener for me as I have a 9 month old son that now goes on the boat with us - i just don't do it anymore. If something were to happen to my son, my wife or anyone and I was under the influence...I'm not I could ever let myself get over it.

Good luck and make this 10,000 dollars the best lesson you have ever learned!

bruizza 06-18-2013 12:56 PM

I agree lawyer up. I saw 2 boats crash into each other on Memorial Day. That was enough for me to re-evaluate most everything I do boating.

retoxtony 06-18-2013 11:23 PM

Quote:

Originally Posted by markj (Post 1828453)
Take your lumps and don't ever do it again. Hopefully no one was hurt.

X2. I'm surprised how many people here seem to think its no big deal. Just throw some cash at your lawyer and it goes away.

The OP didnt elaborate on his story but if he did get caught boating while drinking, i hope his lawyer cant get him off and he gets a deserving punishment.

CarZin 06-18-2013 11:55 PM

I don't think there was a single person in this thread that even remotely claimed this was no big deal. Do you lack reading comprehension skills? A lawyer is not going likely to get him off, but even if he does, this person is out of a lot of money and will have learned his lesson. It sounds like he got a ticket on a technicality, and the cost for defending it should serve as just punishment. This is coming from someone who had a zero tolerance policy of drinking and driving, but understands people make mistakes.

retoxtony 06-19-2013 12:23 AM

My lack of reading comprehension? How did you get that he got a ticket on a technicality from the OP's post? He gave nothing in the way of details except he got a BUI in Arizona.

When the majority of people went straight to "lawyer up" rather than "you got caught, suck it up" i guess it just seemed that nobody thought its a big deal.

From my experience, paying a bunch of money to a lawyer to get them off only teaches a person that if you throw enough money at a problem it can go away. Yes i realize people make mistakes, but its dangerous enough on the water already. Drunk people are just one more thing we shouldnt have to worry about.

you_da_man 06-19-2013 12:57 AM

After retiring in law enforcement and dealing with the judicial system there's one thing that is consistent...money will minimize the damage/punishment MOST of the time. Get an attorney that's either specializes in DWI and/or is cozy with the County Attorney (most here are saying the DA, however, unless your charge is a felony you will be dealing with the County Attorney then a county judge, not a district judge).

machloosy 06-19-2013 6:12 AM

Quote:

Originally Posted by retoxtony (Post 1828686)
My lack of reading comprehension? How did you get that he got a ticket on a technicality from the OP's post? He gave nothing in the way of details except he got a BUI in Arizona.

When the majority of people went straight to "lawyer up" rather than "you got caught, suck it up" i guess it just seemed that nobody thought its a big deal.

From my experience, paying a bunch of money to a lawyer to get them off only teaches a person that if you throw enough money at a problem it can go away. Yes i realize people make mistakes, but its dangerous enough on the water already. Drunk people are just one more thing we shouldnt have to worry about.

Where does the OP say he got a ticket? Thread title says "Anyone ever gotten a BUI in AZ? And he says I'm in a troubling situation. It most likely is him, but could be a brother, a friend, a son/daughter, you really don't know. So probably should pipe down.

Whoever got themselves in trouble, made a dumba$$ decision, but to minimize the damage, the majority of us agree, get a lawyer involved. That includes the LEO who posted right above me. I don't know who on this board thinks $10k is "just money" or not a big deal, but at worse, that's a ton of fuel. I'd say a situation that cost anyone $10K is going to be a lesson learned in a fair amount of cases. Since the OP is asking about situations others are/where involved in, I'd say he isn't a punk kid who has Daddy's lawyers stepping up to sweep it under the carpet. So maybe slow your roll man, and quit acting like you haven't ever made a dumb decision ;)

hco 06-19-2013 6:22 AM

Also, people have gotten BUI's for admitting to drinking while being on a boat, but without being breathalyzed or properly assessed for their level of intoxication. A lot of people are excited to put people down for potentially/maybe having made a mistake. Throwing money at the problem doesn't make it go away, and it doesn't lessen the impact of the situation. He will still have his day in court, and the person and their lawyer are going to do their best to prove that this is hopefully a lapse in judgment and that it won't happen again.

CarZin 06-19-2013 6:28 AM

Actually, I was confusing my threads. I was reading another thread where the following happened:

1) A family anchored up to relax. The wife was the DD, and the husband was drinking.
2) The conditions changed where the boat would be pulled into other boats, so the dad told the wife to move the boat 30 yards up.
3) kids were tied off the back on a tube with no vests, and were be idled out 30 yards.
4) Wildlife saw this (kids being pulled without a vest) and stopped them.
5) During the move, with the officers coming close to the boat combined with the assumed wife's lack of experience, the husband took over a second to get the boat settled so they could pull aside
6) The officers saw he was drinking, and the owner admitted that he briefly controlled the boat while they were pulling up, and they arrested him after he blew a .10.

So, I had the threads mixed up. It is true we have no details on that, but the previous situation was not deserving of a BUI or at the minimum deserved some consideration.

slipknot 06-19-2013 9:02 AM

Quote:

Originally Posted by CarZin (Post 1828702)
Actually, I was confusing my threads. I was reading another thread where the following happened:

1) A family anchored up to relax. The wife was the DD, and the husband was drinking.
2) The conditions changed where the boat would be pulled into other boats, so the dad told the wife to move the boat 30 yards up.
3) kids were tied off the back on a tube with no vests, and were be idled out 30 yards.
4) Wildlife saw this (kids being pulled without a vest) and stopped them.
5) During the move, with the officers coming close to the boat combined with the assumed wife's lack of experience, the husband took over a second to get the boat settled so they could pull aside
6) The officers saw he was drinking, and the owner admitted that he briefly controlled the boat while they were pulling up, and they arrested him after he blew a .10.

So, I had the threads mixed up. It is true we have no details on that, but the previous situation was not deserving of a BUI or at the minimum deserved some consideration.

I have heard this same story here in AZ on our waterway, happened to a friend of a friend. Exact same circumstance. Unreal. Probably very common bust.

skiboarder 06-19-2013 9:23 AM

The Cops have been out in force on or river this year. I got 3 safety checks last Saturday--more than I had all last year. When they ask if I've been drinking I always say yes (if I have been) and it has never caused a problem. I am very lucky that my wife is probably a better driver than me and she doesn't drink at all. If I'm going to get wakesurfing-drunk, she takes the wheel for the rest of the day.

Also, when they ask how many beers, I always give total amount and the time. 4 Beers is a lot, but 4 beers in 6 hours is not much at all.

brett33 06-19-2013 10:11 AM

^ this.

Got pulled over last weekend, cop asked if I was drinking. I said, I had 2 beers and we've been out here all day. He did a safety check and moved on. In my experience, if you're under control and honest it usually works out in your favor.

williamburell 06-19-2013 10:53 AM

Quote:

I have heard this same story here in AZ on our waterway, happened to a friend of a friend. Exact same circumstance. Unreal. Probably very common bust.
Same thing with me last year except the cop stopped me. I was beyond where I needed to be after floating, handed the keys to the g/f, and went to the bow to sleep it off on the way in. She was a great open water driver but sucked at dealing with other boats etc. Pulled us over for a safety check and I went to grab the wheel just to get us off while she pushed. Cop told me to not touch the wheel or he'd have no choice but to bust me. Was just instinctual since I knew she was frazzled and couldn't handle the situation.

Quote:

In my experience, if you're under control and honest it usually works out in your favor.
exactly. I space myself out big time but we ride all day. Every time I've been asked I just joke around with the cops, tell them the truth, and offer them a beer.

k59 06-19-2013 1:15 PM

Quote:

Originally Posted by brett33 (Post 1828739)
^ this.

Got pulled over last weekend, cop asked if I was drinking. I said, I had 2 beers and we've been out here all day. He did a safety check and moved on. In my experience, if you're under control and honest it usually works out in your favor.

Wish my situation could have been similar. I was MORE than cooperative but things went the opposite direction of your contact, unfortunately.

boardjnky4 06-19-2013 2:11 PM

Quote:

Originally Posted by skiboarder (Post 1828729)
The Cops have been out in force on or river this year. I got 3 safety checks last Saturday--more than I had all last year. When they ask if I've been drinking I always say yes (if I have been) and it has never caused a problem. I am very lucky that my wife is probably a better driver than me and she doesn't drink at all. If I'm going to get wakesurfing-drunk, she takes the wheel for the rest of the day.

Also, when they ask how many beers, I always give total amount and the time. 4 Beers is a lot, but 4 beers in 6 hours is not much at all.

I think you just coined my favorite new lake term, "wakesurfing-drunk"

wakesurfing-drunk - A certain level of intoxication which one reaches, usually between 8-10 beers, at which point wakesurfing becomes a good idea.

acurtis_ttu 06-19-2013 2:46 PM

like everyone says...get a good lawyer...good = knows judges, county personell, cops....if he/she doesn't reglarly smooze these types of people...find one that does.,
most states treat BUI same as DWI.

and most cops will lie...expect it....don't get pissed when they do, let ur paid pitbull (aka lawyer) lie on your behalf. may the best liar win:)

and expect to have the hammer dropped on your.....

From a good friend who's a lawyer "I'd rather defend a murderer than DWI susupect now a days"

psudy 06-19-2013 2:52 PM

", at which point wakesurfing becomes a good idea. "

Or the ONLY Option!

you_da_man 06-19-2013 3:28 PM

Quote:

Originally Posted by psudy (Post 1828820)
", at which point wakesurfing becomes a good idea. "

Or the ONLY Option!

Couldn't "tubing-wasted" be even more intoxicated than "wakesurfing-wasted"?

Brearly_Mason 06-19-2013 3:31 PM

I have never seen a photo of someone drinking beer while tubing, but I have seen hundreds of photos of people drinking beer and sometimes the hard stuff from a glass bottle while wakesurfing.

wakeandsnow27 06-19-2013 5:05 PM

Quote:

Originally Posted by acurtis_ttu (Post 1828818)
and most cops will lie...expect it....don't get pissed when they do, let ur paid pitbull (aka lawyer) lie on your behalf. may the best liar win:)

From a good friend who's a lawyer "I'd rather defend a murderer than DWI susupect now a days"

this is plain sh*tty advice, and you're lawyer friend is too obsessed with winning, and not with protecting our judicial system and the innocence of good. Pathetic.

CarZin 06-19-2013 5:20 PM

Ever gotten a BUI/OUI? (especially in AZ)
 
Despite what is being said, open and honest is not a great idea. These officers are not out to give you a break. They are interrogating you to gather evidence and seek probable cause to execute a sobriety test.

Something I have learned, and I think lawyers worth their salt will agree (I am not a lawyer but have taken the time to dive into this) is the following:

You need to obey the instructions that are given to you, but other than your name and address and giving them your identification, you are under no obligation to give them anything else. You are obviously going to be required to show any safety requirements in a boat. What seems like a perfectly normal conversation WILL be used against you. The phrase you should remember is 'Officer, am I being detained or am I free to go?' Anything beyond your name and address, this should be your response.

This video is a primer from a law professor.
http://m.youtube.com/#/watch?v=6wXkI4t7nuc&desktop_uri=%2Fwatch%3Fv%3D6wX kI4t7nuc

And another video from a lawyer. A bit hokey, but you will see the point.
http://m.youtube.com/#/watch?v=2d7-0TDsxnw&desktop_uri=%2Fwatch%3Fv%3D2d7-0TDsxnw

shawndoggy 06-19-2013 5:32 PM

It sure is interesting to me how protective we are of someone's civil liberties on here when it comes to basically willful criminal negligence (knowingly getting yourself impaired), and how "hang em high" this place gets with any other sort of criminal issue.

Civil liberties apply to everyone all the time or they won't be there when you need them. Keep that in mind the next time you advocate for torture of a suspect, not giving a trial, etc. These checks on the government are there to protect us when things look bad.

morgan437 06-19-2013 6:00 PM

This thread should be renamed "how to get away with a BUI" don't break the law and you don't have to worry about it, pretty simple

you_da_man 06-19-2013 6:04 PM

I think a little (probably very little) preventative measures can help in the occassional contact with local water police, park rangers, game wardens, and/or sheriff's. On my lake it seems to be the same 5-6 guys on the water. Everytime I see one of them at the dock, on the beach area, marina, or at the Subway near the lake I always make it a point to chat with them just to get them to remember my face. It couldn't hurt.

CarZin 06-19-2013 6:09 PM

Quote:

Originally Posted by morgan437 (Post 1828856)
don't break the law and you don't have to worry about it, pretty simple

Certainly the best advice. At the same point, we ALL break the law. It is a matter of circumstance that we get caught. There is no reason to make it easier to be prosecuted, and knowing your rights is important.

zap 06-21-2013 9:38 AM

Quote:

Originally Posted by CarZin (Post 1828702)
Actually, I was confusing my threads. I was reading another thread where the following happened:

1) A family anchored up to relax. The wife was the DD, and the husband was drinking.
2) The conditions changed where the boat would be pulled into other boats, so the dad told the wife to move the boat 30 yards up.
3) kids were tied off the back on a tube with no vests, and were be idled out 30 yards.
4) Wildlife saw this (kids being pulled without a vest) and stopped them.
5) During the move, with the officers coming close to the boat combined with the assumed wife's lack of experience, the husband took over a second to get the boat settled so they could pull aside
6) The officers saw he was drinking, and the owner admitted that he briefly controlled the boat while they were pulling up, and they arrested him after he blew a .10.

So, I had the threads mixed up. It is true we have no details on that, but the previous situation was not deserving of a BUI or at the minimum deserved some consideration.

Irresponsible and deserving of a tough lesson,

If his wife was not competent enough of an operator to move the boat 30 yards then he should have stayed sober. What if he sat on the beach, had a few more drinks (now he is at .12 BAC) and a storm crosses the lake? Who is going to operate the boat? Nervous Mom? Or Drunk Dad?

No storm, they get back to the launch, does he drive the vehicle to the launch? Or does he load the boat drunk. Again if the wife canít move the boat 30 yards I doubt she would be comfortable in a crowed launch.

ttrigo 06-21-2013 10:11 AM

Im more concerned about the boat owners who decide to drink, and have their dd not be a good enough driver to handle what seem to be fairly simple tasks onnthe water.
People make mistakes all the time. If you learn from it cool. If you dont, you should be banned from driving anything again.


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