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Have you been affected by a boating under the influence (BUI) incident in New Orleans? Whether you were injured due to someone else’s reckless actions or you’re facing BUI charges yourself, the consequences can be life-altering.
At the Shlosman Law Firm, we’re here to stand by your side. Our experience in maritime law and personal injury cases equips us to handle the unique challenges BUI cases present. Let’s talk about how we can help.
BUI in Louisiana
In Louisiana, boating under the influence occurs when someone operates a watercraft with a blood alcohol concentration (BAC) of 0.08% or higher. This limit applies to both motorized boats and non-motorized vessels like sailboats. Louisiana’s laws also extend to impairment caused by drugs, including prescription medications, that affect your ability to operate a vessel safely.
BUI laws are designed to protect everyone on the water, but unfortunately, violations can lead to accidents with serious consequences. Whether you’re facing charges or you’ve been injured by an impaired boater, understanding the law is the first step.
Implied Consent
Louisiana’s implied consent law means that by operating a boat, you automatically agree to submit to a chemical test if law enforcement suspects impairment. This could involve a breath, blood, or urine test. Refusing a test can lead to penalties, including fines and suspension of boating privileges. It’s important to understand that these tests must be administered correctly; any errors could impact your case if you’re facing charges.
Penalties
The penalties for a BUI conviction in Louisiana are severe and become harsher with each offense:
- First Offense: Fines up to $1,000, up to six months in jail, and suspension of boating privileges.
- Second Offense: Increased fines, longer jail time, and potential mandatory participation in substance abuse programs.
- Third or Subsequent Offenses: Significant fines, extended imprisonment, and the permanent loss of boating privileges.
These penalties can disrupt your life, but with the right legal representation, you have options.
Potential Consequences of a BUI Conviction
A BUI conviction can have far-reaching consequences beyond the legal penalties:
Legal Penalties
These include fines, jail time, and the suspension of your boating license. Repeated offenses bring even harsher consequences.
Impact on Personal and Professional Life
- Increased insurance premiums.
- Challenges in finding employment.
- Damage to personal and professional reputation.
- Emotional distress and strained relationships.
How We Can Help Victims of BUI Accidents
When you’ve been injured by a drunk boater, it’s natural to feel overwhelmed. We’re here to make the legal process as straightforward as possible.
Investigation
We start by thoroughly investigating the accident. This includes:
- Collecting police reports and reviewing chemical test results.
- Interviewing witnesses to piece together what happened.
- Analyzing photos and videos from the scene.
- Consulting with accident reconstruction experts to establish negligence.
Building a Strong Case
Next, we focus on building a case that highlights the other party’s negligence:
- Proving the drunk boater’s liability.
- Documenting your damages, from medical bills to lost wages and emotional suffering.
Negotiation and Litigation
We aim to secure fair compensation through negotiations with insurance companies. If a settlement isn’t possible, we’re ready to take your case to court and advocate for your rights.
Personalized Approach
Every case is unique, and so is our approach. We treat each client like family and work relentlessly to pursue justice on your behalf.
How We Can Defend Against BUI Charges
Facing BUI charges can feel overwhelming, but you don’t have to go through it alone. Here’s how we can help:
Thorough Case Evaluation
We review every detail of your arrest, including the police report, chemical test results, and witness statements. Our goal is to identify any weaknesses in the case against you.
Developing Defense Strategies
Depending on the circumstances, your defense could include:
- Challenging BAC test results: Errors in administration or faulty equipment can call the results into question.
- Questioning the legality of the stop: Did law enforcement have reasonable suspicion?
- Examining officer conduct: Were your rights violated during the arrest?
- Establishing lack of operation/control: If you weren’t operating the vessel, the charges may not apply.
Aggressive Representation
Whether negotiating for reduced charges or fighting your case in court, we’re committed to protecting your rights and achieving the best possible outcome.
Take Action Now: Contact Shlosman Law Firm
If you’ve been affected by a BUI incident, don’t wait to take action. Whether you’ve been injured or you’re facing charges, timely legal representation can make all the difference.
Call us at 504-826-9427 today for a free consultation. Let us help you take the first step toward resolving your case and getting your life back on track.