Boating Under the Influence Defense in Seattle

What Washington Law Considers Boating Under the Influence

RCW 79A.60.040 makes it unlawful to operate a vessel while under the influence of intoxicating liquor, cannabis, another drug, or a combination of substances. The state may pursue a BUI charge based on a measured concentration or evidence that a person’s ability to operate a vessel was affected.

Within two hours of vessel operation, the statute identifies an alcohol concentration of 0.08 or higher or a THC concentration of 5.00 nanograms per milliliter of whole blood. A lower result doesn’t automatically resolve the issue because prosecutors may use observations and other evidence to allege impairment.

The law applies to motorized and non-motorized vessels, including kayaks, canoes, and rafts. The type of vessel and the conditions under which it was operated can shape the evidence in a particular case.

Breath Tests, Blood Tests, & Evidence on the Water

Washington law provides deemed consent to breath testing after an arrest when an officer has reasonable grounds to believe someone operated a vessel under the influence of alcohol or a combination of alcohol and another drug. Blood testing may arise when an officer suspects THC or other drug impairment or when a case involves serious injury or death. Such tests remain subject to legal requirements involving consent, a warrant, or exigent circumstances.

Our defense review may examine:

• The basis for the stop: What the officer observed before contacting or stopping the vessel.
• Statements and observations: What was said and how the officer described speech, balance, coordination, or conduct.
• Field sobriety tests: Where and how the tests were administered when circumstances permitted.
• Testing procedures: The method, timing, handling, and documentation associated with breath or blood samples.
• Boating conditions: Whether waves, vessel movement, weather, fatigue, or environmental exposure affected the recorded observations.

The strength and admissibility of this evidence depend on the facts, the investigation, and the procedures used.

Potential Penalties for a Washington BUI Conviction

A violation of RCW 79A.60.040 is a gross misdemeanor. The maximum statutory exposure includes up to 364 days in jail and a fine of up to $5,000. The statute also permits restitution for damages or injuries resulting from the offense.

These maximum penalties don’t predict what a court may impose. The consequences depend on the charge, the person’s record, the evidence, the resolution, and applicable court orders. An individualized review can clarify possible court requirements, restrictions, and practical effects before you decide how to proceed.

Get Clear Guidance After a Washington BUI Arrest

Our attorneys can review the accusation, available records, test evidence, court requirements, and immediate decisions with you. We offer confidential office and virtual consultations, and Korean language services are available.

Call (888) 478-4001 to arrange a confidential consultation with Blair Kim Moeller, PLLC.