Sandusky Boat Crash Lawyer: How BUI Evidence Affects Your Claim
While there’s nothing wrong with having a drink while being on the water, boat operators need to stay sober. Boating under the influence (BUI) is dangerous, against the law and a leading cause of boat accidents in Sandusky.
When an impaired boater causes a crash, injured victims have the right to seek compensation. Our experienced Sandusky boat crash lawyers explain how BUI evidence is gathered and where these claims get complicated.
How Ohio Law Defines BUI And How Officers Investigate It
When it comes to drinking and driving, the same rules apply to boaters as they do for motorists. Under Ohio Revised Code Section 1547.11, the legal limit is 0.08 percent for adults 21 and older, and 0.02 percent for anyone under 21. The statute applies to every type of watercraft, including motorboats, sailboats, jet skis, kayaks, and canoes.
Ohio Department of Natural Resources officers and other law enforcement agencies actively patrol waterways and conduct safety stops. When a boat crash happens in Sandusky, ways they document BUI include:
- Officer observations, including erratic vessel operation, slurred speech, odor of alcohol, and bloodshot eyes.
- Standardized field sobriety tests, which are modified for use on water.
- Preliminary breath tests administered at the scene, followed by formal chemical testing if an arrest is made.
- The ODNR incident report, which documents the officer’s observations, the positions of all vessels involved, and any field sobriety test results.
If the at-fault boater refuses BUI testing, their right to operate or register a watercraft in Ohio is suspended for one year. It can also help prove consciousness of guilt in a Sandusky boat crash claim.
How BUI Evidence Impacts Your Sandusky Boat Crash Claim
When injuries happen due to BUI-related boat crashes in Sandusky, you have the right to hold the at-fault boater accountable. Even without a criminal conviction, chemical test results, field sobriety test records, and the ODNR incident report can all be used to establish fault. However, other ways these cases can get complicated include:
- If the driver tested below the legal limit, insurers can try to use this to deny they were to blame.
- Under ORC Section 2315.33, being even partially at fault can result in reduced or denied compensation.
- Ohio does not require boat owners to carry liability insurance.
- Taking the at-fault boater to court takes additional time, but it can also result in additional compensation.
- Dram shop liability may apply if the boat operator was overserved alcohol at a bar, restaurant, or marina before getting on the water.
Despite these obstacles, you shouldn’t have to pay out of pocket when a Sandusky BUI-related boat crash happens. To protect your rights in a claim, get professional legal help today.
Contact Our Experienced Sandusky Boat Crash Lawyers
Boat accidents in Sandusky can cause potentially devastating injuries. Navigating local waterways, including the Sandusky Bay and the Lake Erie Islands requires vigilant attention. When an impaired boat is to blame, our Sandusky boat crash lawyers help you hold them accountable.
To get the compensation you are entitled to, contact Murray & Murray and request a consultation. Our office protects clients throughout Sandusky, Ohio, and the surrounding areas.
Sources:
codes.ohio.gov/ohio-revised-code/section-1547.11
codes.ohio.gov/ohio-revised-code/section-2315.33
ohiodnr.gov/rules-and-regulations/rules-and-regulations-by-division/state-parks-and-watercraft/boating-rules/boat-accident-reporting