by on June 1, 2015 Under Criminal Defense

Boating while under the influence of drugs or alcohol in Nevada is treated similarly to a DUI in Nevada.

Definition (NRS 400.410; NRS 400.450)

The legal definition of boating under the influence in Nevada is “to operate or be in actual physical control of a vessel under power or sale on the waters of this State” while being either drunk, high, or having a BAC of at least 0.08.

If you have been charged with Boating while under the influence (BUI) in Nevada, remember that being accused does not mean you are automatically found guilty. If you hire an experienced Criminal Defense Attorney, you have a strong chance of having your charges reduced.

If not, here is what you may face:

Simple misdemeanor BUI  (NRS 488.410; NRS 488.427)

If no one was injured or killed during the incident, BUI may be punished as a misdemeanor carrying the following:

  • up to six months in jail, and/or
  • up to $1,000 in fines.

However, boating under the influence may be charged as a category B felony if the defendant already was convicted of BUI causing death or injury.  The penalties would then include:

  • 2 to 15 years in prison, and
  • $2,000 to $5,000 in fines

BUI with death or injury  (NRS 488.420; NRS 488.425)

When an alleged BUI incident occurring in Nevada results in substantial bodily harm or death, the state will prosecute it as a category B felony.  The sentence includes:

  • 2 to 20 years in prison, and
  • $2,000 to $5,000 in fines

However, if the  person suspected of BUI with death or injury n Nevada already has three past BUI convictions, the state may bring “homicide by vessel” charges.  This is a category A felony carrying twenty-five years or life in prison.

Have you been arrested for Boating Under the Influence in Nevada? Don’t take any risks in attempting to defend yourself in court. To ensure you receive the least possible sentence, it is in your best interests to hire an experienced Criminal Defense attorney. We offer a free consultation; call today at (702) 384-1001



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