Minneapolis BWI Attorney

Providing Experienced & Skilled Legal Representation

There is perhaps no other crime that Minnesotans are more susceptible to than boating while intoxicated (BWI). With some of the world's cleanest and most picturesque lakes, it's only natural residents and visitors alike would seek to enjoy the water whenever summer rolls around. Unfortunately, this also means the potential for BWI arrests is at an all-time high this time of the year.

If you or someone you love was recently arrested and charged, the absolute best thing you can do in this situation is to get in touch with a Minneapolis BWI lawyer from our firm as soon as possible. Doing so can help ensure that your best interest and rights are secure throughout the process and potentially work to clear your name or avoid the more severe penalties associated with these charges.

Contact Brockton D. Hunter P.A. online or call (612) 979-1112 to speak with someone regarding your legal options.

What Is BWI?

Just as they do with driving under the influence (DUI) charges, Minnesota statutes establish illegal operating standards if you are piloting a watercraft. Whereas the former involves operating a vehicle on "land," boating while intoxicated occurs when you operate a boat, patrol watercraft, seaplane, sailboat, water skiing device, or anything else at your disposal on the waterways and are above the legal blood alcohol content (BAC) readouts.

According to the Minnesota State Legislature, all of the above legal entities are considered to be "watercraft," and much like motorists can be administered a chemical road test to check for DUI-related alcohol violations, law enforcement officers must use a "breath test" to assess potential BWIs.

These are distinct from other forms of forceful breath testing instruments like a portable breathalyzer. But more importantly, technically any individual who is operating the vehicle can be given a breath test, even if the person may not necessarily be "piloting" the watercraft.

BWI Penalties

If you are at least 21 years of age and currently hold a standard driver's license, the state considers it a criminal offense to operate a watercraft with a .08 BAC or higher. However, if you are captaining a commercial vessel and have a specific commercial driver's license (CDL), you mustn't work on the water with a BAC in excess of .04 percent. In any case, no one under the age of 21 can have a BAC that goes beyond .01 if he or she wishes to legally operate a watercraft. Like in any BWI-related case, we strongly urge you to contact our firm so as to legally exercise and protect your rights.

If you thought a DWI conviction was stringent, you might be shocked to hear that even a first-time BWI offense can yield similar results! It is the exact same penalty structure, with the possible exception of Zero Tolerance policies that directly target anyone younger than 21 years of age. Convicted offenders could pay at least $1,000 in mandatory fines or potentially spend up to 90 days in jail. Subsequent offenses may carry a fine of as much as $14,000 and/or a jail term that could span for seven years!

Unlike roadway DUI laws, BWI convictions do not lead to Automatic Revocation of a driver's personal boating licenses, but a judge can still temporarily practice this option on a case. Other circumstances that could result in this sentence include leaving the scene of an accident, refusing to submit chemical (or breath) testing, and fatality matters involving passenger(s) or innocent swimmers. Courts and criminal enforcement agencies are even more willing to collaborate on BWI cases since adjacent counties' waterways may overlap jurisdictional boundaries.

How to Choose the Right Defense Attorney for Your BWI Case

The lawyer you choose to handle your BWI charges will undoubtedly play a crucial role in the outcome of your case. That being said, finding someone who can advocate for you and your rights in the best possible light can be easier said than done. If you are on the lookout for BWI defense attorneys in Minneapolis and still have yet to decide who is best for you, it can help to consider a few telling factors.

When scheduling an initial consultation to meet someone, don't be afraid to ask a few essential questions regarding his or her track record and familiarity with local BWI criminal court procedures. You can be direct about certain factors (whether or not they're local or how many criminal cases they have handled) or ask about relative topics (how well your initial meeting went or if they know anyone you know). If an attorney did not personally handle any BWI cases but knows a profitable colleague who has, this indirectly speaks volumes of his or her connection to the local legal community.

Call Brockton D. Hunter P.A.

Anyone facing BWI or Open Container charges in the Twin Cities should call (612) 979-1112. No one should ever try to navigate the legal consequences of this type of charge without a skilled attorney. We will put a winning defense strategy to work for you!

Contact Brockton D. Hunter P.A. online or call (612) 979-1112 to speak with someone regarding your legal options.