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boating while intoxicatedGourley, Rehkemper & Lindholm PLC - Attorneys At Lawiowa dui defense lawyersBoating - Personal Watercraft Jetskis - Yauchts - Motorized Water Vessel - Skiing Boats
Boating While Intoxicated closely resembles Iowa’s Operating While Intoxicated laws. However, the “legal limit” for Boating While Intoxicated is .10. It is also important to note that the Department of Transportation has no authority to suspend or revoke an individual’s motor vehicle driving privileges for a Boating While Intoxicated conviction or offense. Proving Boating While IntoxicatedTo prove a Boating While Intoxicated offense in the State of Iowa, the State must prove beyond a reasonable doubt: At the time the Defendant operated the motorboat or sailboat, he/she was under the influence of alcohol, drug or a combination thereof; OR
Had an alcohol concentration in excess of .10. “Operation” is defined the same as in a normal Operating While Intoxicated case. “Navigable waters” means: “all lakes, rivers, and streams, which can support a vessel capable of carrying one or more persons during a total of six months period in one out of every ten years.” A “motorboat” means: “any vessel propelled by an inboard, inboard-outdrive, or outboard engine, whether or not such engine is the principal source of propulsion.” A “sailboat” means: “any watercraft operated with a sail.” Thus, one cannot be convicted of Boating While Intoxicated if operating a canoe, kayak, or other such motor-less and sail-less watercraft. Free Consultation! PunishmentCriminal PenaltiesThe criminal penalties are the same as in normal Operating While Intoxicated cases with the exception that the mandatory minimum fines are different. Deferred Judgment eligibility is identical to OWI’s. (http://www.grllaw.com/CM/Custom/Criminal-Penalties.asp) First offense: Serious MisdemeanorJail up to one year but not less than 48 hours in jail; Mandatory minimum fine of $1,000, however, at the discretion of the court, up $500 of the fine may be waived or the court can order the person to perform unpaid community service instead of paying the fine. Court ordered prohibition of operating a motorboat or sailboat for one year. Substance abuse evaluation and treatment if recommended. Second offense: Aggravated MisdemeanorUp to 2 years in prison but not less than 7 days in jail. Mandatory minimum fine of $1,500 but not more than $5,000. Court ordered prohibition of operation of a motorboat or sailboat for two years. Substance abuse evaluation and treatment if recommended. Third offense: Class D FelonyUp to 5 years in prison but not less than 10 days in jail. Mandatory minimum fine of $2,500 but not more than $7,500. Court ordered prohibition of operation of a motorboat or sailboat for six years. Substance abuse evaluation and treatment if recommended.
Civil PenaltiesTHE DEPARTMENT OF TRANSPORTATION MAY NOT SUSPEND A PERSON’S MOTOR VEHICLE DRIVING PRIVILEGES FOR A VIOLATION OF BOATING WHILE INTOXICATED LAWS. If convicted, the sentencing court imposes a restriction on the individual’s ability to operate a motorboat or sailboat in the State of Iowa for the applicable period of time. RefusalsIf an individual arrested or suspected of Boating While Intoxicated refuses to submit to a chemical no test may be compelled. However, the court (not the Department of Transportation) is required to order that the person not operate a motorboat or sailboat for one year. In addition, mandatory “civil penalties” are also required. First Offense: $500 Second Offense: $1,000 Third Offense, $2,000
Contact a trial lawyer at our law firm today. We have the knowledge and energy to aggressively pursue your personal injury case. We offer free consultations and evening and weekend appointments. From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville |
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Personal Injury : Criminal Defense : Divorce & Family Law : Iowa Laws : Driver's Rights Card : BLOG DISCLAIMER: The information you obtain at this website is not nor is it intended to be legal advice. Anyone with a legal issue or problem, whether considering legal action or defending against a legal action, or anyone who has sustained injuries in an accident because of the negligence of another should always consult with a lawyer. The attorneys at Gourley, Rehkemper & Lindholm PLC welcome your calls, letters and e-mail. Contacting the law firm does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. The use of this website is subject to this disclaimer. You may use this site so long as you agree with the disclaimer. You may print the pages at this website so long as this disclaimer is included. Thank you for reading our disclaimer. Attorney Cory Gourley, Attorney Robert Rehkemper & Attorney Matthew Lindholm, the founders of Gourley, Rehkemper & Lindholm represent people in legal matters involving a resident, real estate, business or law enforcement agency in Iowa. They frequently appear in the courts in Des Moines, Iowa (Polk County), Waterloo and Cedar Falls, Iowa (Black Hawk County), Cedar Rapids, Iowa (Linn County), Iowa city, Iowa (Johnson & Washington County), Omaha and Council Bluffs, Iowa (Pottawattamie County), Davenport, Moline, Rock Island, Iowa (Scott County), and Sioux City, Iowa (Woodbury County), as well as Dubuque, Monroe, De Soto, Nevada, Story City, Pleasant Hill, Capitol Heights, Marquisville, Urbandale, Clive and Windsor Heights, Iowa, and all other areas in Iowa. |
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