Stone County, MO Boating Under the Influence (BUI) Defense

Protecting Your Rights on Missouri’s Waterways

Heading out on the pristine waters of Stone County, Missouri, is a favorite pastime for many. From the expansive Table Rock Lake to the winding beauty of the James River, the region offers unparalleled opportunities for boating, fishing, and recreation. However, the enjoyment can quickly turn into a serious legal matter if you’re accused of Boating Under the Influence (BUI).

Scrivner Law Firm, led by former prosecutor Dayrell Scrivner, understands the complexities of BUI law in Missouri and is dedicated to providing robust defense for individuals facing these charges in Stone County. With decades of legal experience and a deep understanding of the local court system, Scrivner Law Firm offers the expertise and personalized attention you need to navigate this challenging situation.

Understanding BUI in Missouri

Missouri law prohibits operating any watercraft while under the influence of alcohol or drugs. The legal limit for blood alcohol content (BAC) is the same as for driving a vehicle: 0.08%. However, unlike DUI/DWI cases, BUI enforcement often involves unique challenges, including:

• Implied Consent: Missouri’s implied consent law applies to boating. This means that by operating a watercraft, you’ve implicitly agreed to submit to chemical testing (breath, blood, or urine) if a law enforcement officer has reasonable suspicion to believe you’re boating under the influence. Refusal to submit to testing can result in severe penalties, including license suspension.
• Lack of Standardized Field Sobriety Tests: While standardized field sobriety tests are common in DUI/DWI cases, they are often impractical or impossible to administer accurately on a boat. Law enforcement officers may rely on other indicators of impairment, such as slurred speech, unsteady balance, and the presence of open containers.
• Unique Boating Regulations: Missouri has specific regulations regarding boating safety equipment, operation, and navigation. Violations of these regulations can be used as evidence of impairment in a BUI case.
• Environmental Factors: Wind, waves, and the movement of a boat can make it difficult to maintain balance and coordination, even without impairment. This can complicate BUI investigations and defense strategies.

The Consequences of a BUI Conviction in Missouri

The penalties for a BUI conviction in Missouri can be severe and may include:

• Jail Time: A first-time BUI offense is a Class B misdemeanor, punishable by up to six months in jail. Subsequent offenses carry even harsher penalties.
• Fines: Fines can range from several hundred to thousands of dollars, depending on the circumstances of the offense and prior convictions.
• Boating Restrictions: The court may order restrictions on your boating privileges, including suspension or revocation of your boating license.
• Increased Insurance Rates: A BUI conviction can significantly increase your boat insurance premiums.
• Criminal Record: A BUI conviction will result in a criminal record, which can impact your employment opportunities, travel, and other aspects of your life.

Why Choose Scrivner Law Firm for Your BUI Defense?

When facing BUI charges in Stone County, Missouri, you need an experienced and dedicated legal team on your side. Scrivner Law Firm offers a unique combination of expertise, local knowledge, and personalized attention:

• Former Prosecutor Advantage: Dayrell Scrivner’s background as a former prosecutor provides him with invaluable insight into the strategies and tactics used by the prosecution in BUI cases. This allows him to anticipate their moves and build a strong defense on your behalf.
• Local Expertise: Scrivner Law Firm has a deep understanding of the Stone County legal system and the local courts. They are familiar with the judges, prosecutors, and procedures, which can be a significant advantage in navigating your case.
• Personalized Attention: Scrivner Law Firm is committed to providing each client with personalized attention and clear communication. They will take the time to understand your unique circumstances, explain your legal options, and keep you informed throughout the process.
• Strategic Defense Strategies: Scrivner Law Firm will thoroughly investigate your case, challenge the evidence against you, and develop a strategic defense tailored to your specific situation. This may involve questioning the validity of the chemical testing, challenging the officer’s observations, and presenting evidence of mitigating circumstances.
• Proven Track Record: Scrivner Law Firm has a proven track record of success in defending clients against BUI charges in Missouri. They are dedicated to achieving the best possible outcome for their clients, whether through negotiation, plea bargaining, or trial.
• A+ BBB Rating & Best of Branson: Scrivner Law Firm’s A+ rating from the Better Business Bureau and their recent “Best of Branson” award demonstrate their commitment to excellence and client satisfaction.

Common BUI Defenses

Scrivner Law Firm will explore all available defenses in your BUI case, which may include:

• Challenging the Probable Cause for the Stop: Law enforcement officers must have reasonable suspicion to believe you were boating under the influence before stopping your vessel. If the stop was illegal, any evidence obtained may be inadmissible.
• Questioning the Accuracy of Chemical Tests: Chemical tests are not always accurate. Scrivner Law Firm will examine the testing procedures and equipment to ensure they were properly administered and functioning correctly.
• Presenting Evidence of Medical Conditions: Certain medical conditions can mimic the symptoms of intoxication. Scrivner Law Firm will gather medical evidence to show that your symptoms were caused by a medical condition, not alcohol or drugs.
• Demonstrating Environmental Factors: As mentioned earlier, wind, waves, and the movement of a boat can affect balance and coordination. Scrivner Law Firm will present evidence of these environmental factors to explain any difficulties you may have had.
• Challenging the Officer’s Observations: Law enforcement officers are trained to look for signs of impairment, but their observations can be subjective. Scrivner Law Firm will challenge the officer’s testimony and present evidence to contradict their claims.

What to Do If You’re Stopped for BUI in Stone County

If you are stopped for BUI in Stone County, it’s crucial to remain calm and exercise your rights:

1. Remain Silent: You have the right to remain silent. Do not answer any questions beyond providing your identification and boat registration.
2. Politely Refuse Field Sobriety Tests: While not recommended, you can politely refuse to participate in field sobriety tests. However, remember that Missouri’s implied consent law requires you to submit to chemical testing.
3. Contact Scrivner Law Firm Immediately: The sooner you contact Scrivner Law Firm, the sooner they can begin protecting your rights and building your defense.

Don’t Let a BUI Charge Sink Your Future. Contact Scrivner Law Firm Today.

A BUI charge can have serious consequences, but you don’t have to face it alone. Scrivner Law Firm is here to provide you with the experienced and dedicated legal representation you need to navigate this challenging situation. Contact us today for a free consultation and let us help you protect your rights and your future.