BUI Attorney in Indianapolis

Science-Driven Defense for Indiana Boating Charges

We handle boating under the influence charges by applying the same technical approach we use in operating while intoxicated defense. With more than 30 years of experience, our firm examines the chemical testing, field sobriety testing, and regulatory compliance behind the arrest.

Rathburn Law Office, P.C. offers free initial virtual consultations to clients throughout Indiana. You can discuss the charge and your options without traveling to our Indianapolis office.

Call (463) 465-2401 to schedule a free virtual consultation about an Indiana BUI arrest.

What Qualifies as Boating While Intoxicated in Indiana?

Indiana Code 35-46-9 originally governed operating a motorboat while intoxicated as its own separate offense, commonly called BUI or boating while intoxicated (BWI). Indiana has since repealed that standalone chapter and now defines “vehicle” under the state’s Operating While Intoxicated law to include watercraft, so intoxicated boating is prosecuted under the same statute that governs roadway OWI cases. That law covers motorized watercraft, including motorboats, personal watercraft such as jet skis, and sailboats while their motors are running.

A blood alcohol concentration of 0.08% or higher can support a charge. Indiana can also allege intoxication based on the presence of a schedule I or II controlled substance or evidence that alcohol or drugs impaired a person’s normal control of their faculties. A reading below 0.08% may still become relevant when officers allege observable impairment.

Because Indiana now prosecutes both roadway and waterway intoxication under the same Operating While Intoxicated statute, careful review of the scientific evidence is just as essential on the water as on the road.

Technical Review of Breath Tests & Field Sobriety Evidence

Attorney Chuck Rathburn holds a Lawyer Scientist certificate and serves as an instructor in standardized field sobriety testing. Trial and appellate courts have qualified him as an expert on breath testing and field sobriety testing.

We examine calibration records, testing protocols, operator procedures, and compliance with applicable regulations. We also assess how field sobriety evidence was collected and documented in conditions that differ sharply from a roadside stop: uneven surfaces, wave motion, heat, and sun exposure can all affect how sobriety testing is performed and interpreted.

Indiana BUI Penalties & License Suspensions

The potential penalty depends on prior convictions and whether the alleged conduct caused injury or death. A first offense is generally a Class C misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.

More serious circumstances can increase the charge and penalties:

• Prior conviction: A prior OWI-type conviction within the last seven years generally elevates a later charge to a Level 6 felony.
• Serious bodily injury: If the alleged conduct causes serious bodily injury to another person, the offense is generally filed as a Level 5 felony, or a Level 4 felony if the person has a prior OWI-type conviction.
• Death: If the alleged conduct causes the death of another person, the offense can be charged as a serious felony, with the exact level and sentencing range depending on the circumstances and any prior convictions.

A conviction can also suspend motor vehicle, motorboat, and personal watercraft operating privileges, with the length of suspension depending on the offense level and prior conviction history.

BUI Enforcement on Indianapolis-Area Waterways

Indiana Conservation Officers within the Indiana Department of Natural Resources Division of Law Enforcement patrol public waterways for boating and alcohol violations. Indianapolis-area enforcement is active at Eagle Creek Reservoir and Geist Reservoir, which spans multiple central Indiana counties.

Patrol activity increases around summer weekends and during Operation Dry Water, a national boating-under-the-influence enforcement campaign held in late June. We represent clients facing intoxication and traffic charges throughout Indiana.

Get a Focused Review of Your BUI Charge

A free virtual consultation gives you the opportunity to walk through the arrest, the testing process, potential penalties, and available defense issues with an attorney who understands the science behind the evidence. Surface-level reviews can miss things; our technical background is built to find them.

Call (463) 465-2401 or use our contact form to request your free initial consultation with Rathburn Law Office, P.C..