Michigan Boating Under the Influence (BUI) Defense

Arrested for BUI on a Michigan Lake? We Help You Protect Your Record and Your Future.

At Jeffrey Randa and Associates, we defend people charged with boating under the influence on Michigan’s lakes and rivers. As Metro Detroit OWI and impaired-operation defense lawyers, we know how a good day on the water can turn into a criminal charge with real jail exposure and a permanent record. We move fast to challenge the stop, the testing, and the evidence, and to protect what matters most to you.

Why People Across Metro Detroit Call Jeffrey Randa and Associates First

We are not a general practice. Since 1993 we have concentrated on impaired-driving defense, criminal defense, and driver’s license matters, and we bring that focus to every BUI case. Here is what sets us apart:

• Decades of concentrated experience in impaired-operation and impaired-driving defense, not a little of everything.
• We appear regularly in the district courts across Oakland, Macomb, and Wayne counties and know how local prosecutors and judges handle these charges.
• We know where impairment cases break. Field sobriety tests were built for the roadside, not a rocking deck, and boater’s fatigue from sun, wind, and waves mimics the exact clues officers read as impairment.
• A recovery-informed perspective. Attorney Jeffrey Randa completed a formal post-graduate program in addiction studies, so a first-time client is not treated as though they have a problem they do not have.
• Dual expertise in defense and driver’s license work, so we protect both the criminal case and the driving privileges it can put at risk.

For qualified restoration and clearance clients, we are also Michigan driver’s license restoration lawyers who back that work with a License Restoration Guarantee: we win your case the first time, or we keep representing you before the OHAO at no additional attorney fee until we do. That guarantee covers restoration and clearance only, but the commitment behind it is exactly what we bring to defending your BUI.

What Does Michigan Law Count as Boating Under the Influence?

Michigan law makes it a crime to operate a motorboat while impaired by alcohol or drugs. You can be charged three main ways:

• Operating with a blood alcohol content of 0.08 or more
• Operating while under the influence of alcohol, a controlled substance, or both
• Operating while visibly impaired, a lower threshold that can apply even when your BAC is under 0.08

It is also illegal to operate with any amount of certain controlled substances in your body, and boaters under 21 face a zero-tolerance rule where any presence of alcohol is enough. To operate means being in control of a motorboat that is underway, not one that is docked, anchored, or idle.

Because alcohol is the leading known contributing factor in fatal boating accidents, officers take these stops seriously, and a charge can follow a routine safety check on a calm afternoon.

The Penalties You Could Face

Michigan splits boating under the influence into two separate offenses, and the difference between them matters enormously.

Operating Under the Influence

Operating under the influence is the more serious charge. It covers a BAC of 0.08 or more, being under the influence, or having any amount of certain controlled substances in your body. A first conviction is a misdemeanor punishable by up to 93 days in jail, a fine of $100 to $500, and up to 45 days of community service.

Operating While Visibly Impaired

Operating while visibly impaired is the lesser offense, and the statute lets a court convict on it even when the prosecutor charged the greater one. A first conviction is a misdemeanor punishable by up to 93 days in jail, a fine of up to $300, and up to 45 days of community service.

Repeat and Aggravated Offenses

A second under-the-influence conviction within 7 years carries a mandatory fine of $200 to $1,000 plus community service or jail. After two or more prior convictions, no matter how long ago, it becomes a felony punishable by 1 to 5 years in prison, and a required jail term cannot be suspended unless you complete a specialty court program. This is why the line between the two offenses is worth fighting for: a third visibly impaired conviction stays a misdemeanor with no prison and no felony record. Causing serious injury while operating impaired is a felony carrying up to 5 years, and causing a death carries up to 15 years.

How a BUI Is Different From a Drunk Driving Charge

Many people assume a BUI works like a road drunk-driving charge. It does not. A BUI is prosecuted under Michigan’s Marine Safety Act, and it goes on a boating record kept by the Secretary of State, not your driver record. On its own, the marine statute does NOT add points to your license or suspend it.

It can still cost you the water. If the court has not already ordered it, the Secretary of State must bar you from operating a motorboat for 6 months to 2 years after a single operating-under-the-influence conviction. Two such convictions within 7 years, three impaired-operation convictions within 10 years, or a single conviction for causing serious injury or death each trigger an order with no expiration date. If you also have impaired-driving history on the road, protecting your driving privileges becomes its own priority, and we handle both sides.

What To Do Right Now After a BUI Arrest

The hours after a BUI arrest matter. Evidence on the water fades, witnesses scatter, and the details of a safety stop are easy to lose. The sooner we get involved, the more we can do to challenge the stop, the testing, and whether the evidence holds up.

If you refused a chemical test after your arrest, you are on a 14-day clock. Michigan’s implied consent law applies on the water, and if you do not request a hearing within 14 days of your notice, the Secretary of State will bar you from operating a motorboat for 1 year, or 2 years for a second refusal within 7 years. That clock runs whether or not your criminal case is going well, so it is one of the first things we check. Our first goal is dismissal; when that is not possible, we work toward the most favorable outcome, because success is measured by what does not happen to you.

Call Now to Discuss Your BUI Charge

If you have been arrested for boating under the influence anywhere in Metro Detroit, reach out today. When you call, a friendly and helpful person will take down your information and get you the help you need. No pressure, no fluff, just a straight answer about where things stand.

Your first phone consultation is free and confidential. Call 586-465-1980, Monday through Friday, 8:30 a.m. to 5:00 p.m., with an after-hours answering service when the office is closed. You can also reach us through the contact form or chat box or learn more about how we handle OWI and impaired-operation cases. Let us start protecting your record today.

Frequently Asked Questions About Michigan BUI Charges

Do I really need a lawyer for a first-offense BUI?

Yes. Even a first offense is a criminal misdemeanor that can mean up to 93 days in jail and a permanent record. A lawyer can challenge the stop and the testing, push for a dismissal or reduction, and help you avoid consequences a quick guilty plea can carry.

Can a Michigan BUI charge be reduced or dismissed?

Often, depending on the facts. We look at whether the stop was lawful, whether any breath or blood test was done correctly, and whether the evidence actually proves impairment. Because the statute lets a court convict on the lesser visibly-impaired charge, moving a case from one to the other can be the difference between a felony and a misdemeanor on a third offense. Weaknesses in the case can lead to reduced charges or, in the right circumstances, a dismissal.

What will a BUI defense cost me?

Your first phone consultation is free, and we believe in honest, transparent pricing. We explain your fees clearly before you decide anything. Cost should never be the reason you face a criminal charge without help.