If you’ve been charged with Boating Under the Influence (BUI) in New Jersey, you may be concerned about the potential consequences, including the status of your driver’s license. Understanding the legal implications of a BUI conviction and its impact on your driving privileges is crucial. Below, we will explore whether the New Jersey DMV can suspend your driver’s license for a BUI conviction.
What Is Boating Under The Influence (BUI) In New Jersey?
Boating while intoxicated refers to operating a vessel, such as a boat or personal watercraft, while under the influence of alcohol or drugs. The blood alcohol concentration (BAC) limit for BUI in New Jersey is 0.08% or higher, which is consistent with the limit for driving under the influence (DUI) on land.
Can The DMV Suspend Your Driver’s License For A BUI Conviction?
Yes, the New Jersey DMV has the authority to suspend your driver’s license if you are convicted of BUI. Although BUI involves operating a vessel and not a motor vehicle, the state takes these offenses seriously and applies similar penalties to ensure public safety on both land and water.
According to Title 12, Section 12:7-46 of the New Jersey Statutes Annotated, it is illegal for any person to operate a vessel on the waters of New Jersey while under the influence of alcohol, drugs, or a combination of both. The law defines “under the influence” as having a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, operating a vessel while under the influence of a narcotic, hallucinogenic, or habit-producing drug is also prohibited.
Prohibited Actions
You cannot operate a boat if:
- You’re under the influence of alcohol, drugs, or certain substances.
- Your blood alcohol concentration (BAC) is 0.08% or higher.
Allowing others to operate the boat:
You are also responsible for not allowing someone else who is under the influence or has a BAC of 0.08% or higher to operate a boat that you own or control.
Penalties – First Offense
If it’s your first offense and your BAC is between 0.08% and 0.10%, or you’re under the influence of alcohol, the penalties are:
- A fine of $250 to $400.
- Revocation of your boat operating privilege for one year.
- Forfeiting your motor vehicle operating privilege for three months.
If your BAC is 0.10% or higher, or you’re under the influence of drugs, the penalties are:
- A fine of $300 to $500.
- Revocation of your boat operating privilege for one year.
- Forfeiting your motor vehicle operating privilege for seven months to one year.
Penalties – Second Offense
For a second offense, the penalties are:
- A fine of $500 to $1,000.
- 30 days of community service.
- Imprisonment for 48 hours to 90 days.
- Revocation of your boat operating privilege for two years.
- Forfeiting your motor vehicle operating privilege for two years.
Penalties – Third Offense
- A fine of $1,000.
- Imprisonment for a minimum of 180 days.
- Revocation of your boat operating privilege for 10 years.
- Forfeiting your motor vehicle operating privilege for 10 years.
License And Privilege Consequences
If convicted, your New Jersey driver’s license will be collected and sent to the Motor Vehicle Commission. If you have an out-of-state license, the licensing jurisdiction will be notified. The court may also revoke your non-resident driving or vessel operating privilege.
Additional Requirements
- You must fulfill the screening, evaluation, and referral program requirements of the Intoxicated Driving Program.
- You must pay an $80 fee to the Alcohol Education, Rehabilitation, and Enforcement Fund.
- You must complete a boat safety course approved by the Superintendent of State Police.
The Role Of The Intoxicated Driver Resource Center (IDRC)
In addition to the license suspension, individuals convicted of BUI in New Jersey are required to complete an alcohol education and treatment program through the Intoxicated Driver Resource Center (IDRC). The IDRC program aims to educate individuals about the dangers of driving under the influence and prevent future offenses. Failure to comply with IDRC requirements may result in extended license suspensions or other penalties.
Can You Obtain A Temporary Or Restricted License?
In certain cases, you may be eligible for a temporary or restricted driver’s license during your suspension period. This type of license allows limited driving privileges for essential purposes, such as work-related commuting or medical appointments. Eligibility for a temporary or restricted license depends on various factors, including the circumstances of your BUI conviction and your driving record.
To explore whether you qualify for a temporary or restricted license, it’s crucial to consult with an experienced attorney who can assess your situation and guide you through the legal process.
Seek Legal Assistance From A BUI Lawyer
If you have been charged with BUI in New Jersey or are facing potential license suspension, it’s essential to seek legal representation to protect your rights and navigate the complex legal system. The Law Offices of Jonathan F. Marshall BUI attorneys have extensive experience in defending clients charged with BUI offenses and can provide you with the guidance and advocacy you need. Contact a BUI lawyer at the Law Offices of Jonathan F. Marshall today for a confidential consultation and let our skilled attorneys assist you in resolving your BUI case and minimizing the potential impact on your driver’s license.
