I got a BWI the other day and it is my first offense. No prior DUI or BWI ever. They told me it was a 4th degree BWI but I blew over .20 I then asked to have a blood test and don't know the results. The Blood test was about 2 hours after. What does all this mean? Could they take my boat for a period of time or just my boating privileges? Am I looking at getting my DL suspended if it ends up over .20? Oh and i have to drive a work boat for my job so how does this affect that? thanks.
2 Answers from Attorneys
You need to sit down with a criminal defense attorney to review your case and discuss your options. Based on the limited facts you presented here, it would be difficult to give you any clear indications of your rights, and options. However, it is highly unlikely that your boat would be impounded. But there is a possibility of losing your boating privileges.
If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077
Operating a boat while under the influence of alcohol or drugs i s a criminal offense. Generally, first time offenders are subject to up to 90 days in jail, a $1,000 fine and the loss of boating privileges for 90 days during the boating season once convicted and notified by the Department of Natural Resources.
If any of the following aggravating factors are involved, the offense automatically becomes a gross misdemeanor and penalties can increase to the felony level:
(1) Blood alcohol content of .20 or more;
(2) Prior DWI conviction(s) or test refusal(s) in the last 10 years; or
(3) An individual under age 16 on the boat at the time of the offense.
A person who has no qualified prior impaired driving incident is subject only to the loss of operating privileges for their boat for the relevant period of suspension. Any person arrested for a DWI violation involving a motorboat and who has a qualified prior impaired driving incident may lose their driver's license.
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