Alcohol & Drugs: DUI, DWI 46 USC 2302(a) BUI

[WilliamAB]

Jurisdiction

New Jersey

Dear Sirs,

I was stopped by the USCG in NJ and issued a Boat Boarding Report stating a violation for 33 CFR 95. Boating Under the Influence. I passed the field sobriety tests, but failed the inhaler test. Under the USCG supervision, we docked at my marina and we left the boat at the entrance. The next day, moved the boat to the slip.

The NJ police were not involed, there was no arrest. This was purely a stop by the USCG.

I've tried reading online about this process. There seems to be very little only people restating the statues. It seems that the processing officer sends this to a hearings officer and then they review the evidence and issue a what looks to be a civil penalty.

Do I need a lawyer for this? Does NJ state then also press charges eventhough they were involved? Does this go on my record?

It seems that this is just a fine, but I cannot tell if there are any other ramifications. It seems that this is different from a normal BUI issued by local or State Police. Is there any success in fighting this? Any knowledge or guidance would be great. Also any recomendations to a lawyer specializing in this would be much appreciated.

Thanks

 

[army judge]

Do I need a lawyer for this?

Any court or governmental hearing, in my view, one would be foolish to attend without proper legal representation.

Does NJ state then also press charges eventhough they were involved? Does this go on my record?

The questions you're asking can best be addressed by your attorney.

You might consider attending local Alcoholic Anonymous meetings, because its very foolish to drink and drive, a boat, bicycle, motorcycle, motor vehicle, etc...

Getting nabbed for DUI, you'll soon discover is very expensive, because you actions allow the government to take your money, and in some cases your freedom.

Is there any success in fighting this?

Mate, its a very rare outcome to beat any government after your foolishness has caused your capture!!!

 

[flyingron]

If you were only charged with 33 CFR 95, you are looking at a $5000 civil penalty. Whether that makes it worth getting an attorney involved will depend on your situation.

If they also charged you with something like 46 USC 2302, you are looking at criminal penalties.

If you hold a Mariner, (airplane) Pilot, or CDL licenses, even this civil enforcement can have serious impacts on your career.

 

[adjusterjack]

In the world of auto insurance, a DUI conviction often results in cancellation or non-renewal, resulting in doubling or tripling of insurance rates.

Wouldn't surprise me if boat insurers have similar options.

 

[zddoodah]

Do I need a lawyer for this?

That's for you to decide based on the potential penalties (as mentioned in the second response) and the potential collateral consequences (as mentioned in the third response).

Does NJ state then also press charges eventhough they were involved?

I think you meant to write "not involved." Whether the USCG will refer the matter to any state authority is something no one here will know.

Does this go on my record?

I'm not sure what you mean by "my record," but there certainly will be records relating to this matter.

any recomendations to a lawyer specializing in this would be much appreciated.

I'd suggest googling "[name of the locality where the ticket was issued] boating under the influence attorney."

 

[Tax Counsel]

Also, because the charge was a violation of federal law enforced by USCG the hearing/trial for this, should you decide to contest it, would likely occur in federal court with a Justice Department lawyer for the prosecution. This is nothing like small claims court. While the hearings are typically done by magistrate judges and are a bit more relaxed than more serious offenses, federal law and the federal rules of evidence and procedure would still be applied by the magistrate judge. The attorney for the government will be well prepared and knows what to expect and is familar with how to defend the most common arguments defendants make in these cases. All that to say if you really want to challenge the ticket and have a decent shot to win you need to see a lawyer familiar with federal law, and hopefully also has experience with boating laws. The attorney will evaluate the case and tell you how likely it is that you'd win that. Pay close attention to that because if your case is weak you won't want to pay the fine and all the attorneys fees and cost that you'll run up in the fight.

 

[flyingron]

No, if he was only charged with a the regulation violation (as originaly stated), he won't get anywhere near the real judiciary for quite some time. The case will be heard by an Adminstrative Law Judge. Note that since this isn't a crime, you can't get a public defender nor do any of the other normal constitutional protections apply. He can appeal to the USCG Commandant (largely a perfunctory rubber stamp of the lower ruling) and only after that fails does he get to appeal to the real Federal court. Even then, the case is stacked against him as the Administrative Procedures Act gives deference to the agency on interpreting their own ill-crafted regulations.

 

[Tax Counsel]

No, if he was only charged with a the regulation violation (as originaly stated), he won't get anywhere near the real judiciary for quite some time. The case will be heard by an Adminstrative Law Judge. Note that since this isn't a crime, you can't get a public defender nor do any of the other normal constitutional protections apply. He can appeal to the USCG Commandant (largely a perfunctory rubber stamp of the lower ruling) and only after that fails does he get to appeal to the real Federal court. Even then, the case is stacked against him as the Administrative Procedures Act gives deference to the agency on interpreting their own ill-crafted regulations.

Thanks for info about the administrative procedures before going to court. I've only seen the district court trials before the magistrate judges. I do remember at least one judge looking at the regulation and finding it too vague as to be pretty much useless. Certain agencies seem more prone to that than others. As I recall the regulations for the National Parks don't have many regulations and the ones they do have are pretty vague. The IRS goes the other way and issues a ton of regulations and sometimes packs in way too much those regulations. I used to be one of those IRS regulation drafters/reviewers so I don't judge the regulation drafter too harshly since striking the right balance is a challenge I faced when writing regulations. And then there are the agency executives who think they can do it better even though they don't specialize in that area and rewrite something that was good into something terrible.

 

[adjusterjack]

I used to be one of those IRS regulation drafters

Well, now we know who to swear at every April.