BUI

BUI Attorney in Rhode Island

Newport County’s Bail Commissioner Since 1996. Author of Rhode Island’s DUI Practice Manual.

A boating under the influence charge in Rhode Island is not a minor citation. Under the state’s Alcohol Boating Safety Act, a BUI can be prosecuted as a civil violation, misdemeanor, or felony, with penalties that include jail time, substantial fines, and the suspension of your right to operate a watercraft. If you were cited or arrested on Rhode Island waters, the decisions you make in the first hours matter.

Rhode Island’s BUI law applies to every type of watercraft, not just motorboats. Sailboats, canoes, kayaks, and rowboats all fall within the statute’s definition. That scope surprises many people who assume the law targets powerboat operators alone.

If you’re facing a BUI charge in Rhode Island, I’m available 24 hours a day to discuss your situation. Call (401) 441-5486 to schedule your free, no-obligation consultation.

Why My Background Makes a Difference

I’ve served as the Newport County Bail Commissioner since August 1996, and I previously worked as a prosecutor and Municipal Court Judge. That combination gives me a practical understanding of how Rhode Island’s courts and law enforcement approach these cases from every angle, not just the defense side.

Rhode Island BUI investigations rely on the same evidence used in DUI cases: blood alcohol concentration (BAC) readings, field sobriety testing, and chemical test results. I authored Rhode Island’s DUI Practice Manual, “Drunk Driving: Detection, Prosecution, and Defense,” which practitioners rely on in courtrooms throughout the state. With more than 30 years of experience in DUI and criminal defense, I bring that depth of knowledge directly to BUI cases, where the testing methods and legal standards are nearly identical.

How Rhode Island Classifies a BUI Charge

The BAC threshold for operating a watercraft in Rhode Island is 0.08%, the same limit that applies to motor vehicles. A charge can also arise from actual impairment by alcohol or drugs even when BAC falls below that threshold, if the condition renders the operator incapable of safely controlling the vessel.

Classification depends on several factors:

Civil violation or first-offense misdemeanor: Determined by BAC level and whether drugs are involved
Second offense within five years: Generally treated as a misdemeanor with mandatory penalties
Third or subsequent offense: Triggers enhanced mandatory penalties, and Rhode Island law permits the court to order seizure and sale of the offender’s watercraft
BUI causing serious injury or death: A felony regardless of prior offense history

Rhode Island BUI Penalties by Offense Level

Penalties escalate significantly with each subsequent offense. A first-offense misdemeanor BUI with a BAC of .15% or higher, or involving drug influence, carries a mandatory $500 fine, 20 to 60 hours of community restitution, up to one year in jail, and a three- to six-month suspension of watercraft operating privileges.

A second offense within five years brings mandatory fines, mandatory jail time, and an extended suspension of the right to operate a watercraft, with penalties scaling based on blood alcohol level. A BUI causing death or serious injury is a felony that can carry several years in prison, substantial fines, and an extended suspension of watercraft privileges. All convicted offenders also pay an additional $500 boating safety assessment fine on top of other penalties. Rhode Island’s implied consent law means anyone operating a boat on state waters has already consented to a chemical breath, blood, or urine test, and refusing that test carries its own separate consequences.

Courts That Handle BUI Cases in Newport County

I serve clients in Newport, Newport County, Tiverton, and communities throughout Rhode Island. BUI cases arising in Newport, Jamestown, Little Compton, Middletown, Portsmouth, and Tiverton are heard in Rhode Island’s Second Division District Court, seated in Newport. Felony matters and appeals from that court transfer to Newport County Superior Court.

BUI enforcement on the water is carried out by multiple agencies: the U.S. Coast Guard, the Rhode Island Department of Environmental Management, the Rhode Island State Police, and local police departments. Knowing which agency made the arrest and how the stop was conducted is often the starting point of a meaningful defense.

Contact Me Before You Make Any Decisions

I offer a free initial consultation with no obligation, and I’m available around the clock for clients facing charges like these. The sooner we talk, the more options I can evaluate on your behalf.

Contact Law Offices of Robert H. Humphrey at (401) 441-5486 to discuss your Rhode Island BUI charge today.

How a Rhode Island BUI Investigation Unfolds

A BUI stop on Rhode Island waters can be initiated by the U.S. Coast Guard, the Rhode Island Department of Environmental Management, the Rhode Island State Police, or a local police department. Once an officer suspects impairment, the investigation follows a path that looks familiar to anyone who has seen a DUI stop, but with important differences.

Field sobriety tests designed for stable ground are less reliable when administered on a moving or rocking vessel. Balance and coordination checks that are standard at a roadside stop are affected by boat vibration, wave movement, and the postural adjustments boaters make during a day on the water. Environmental factors like sun exposure, wind, and heat can also intensify the physical effects of alcohol, potentially affecting how someone performs on sobriety testing even when their actual impairment level is modest.

Rhode Island’s implied consent law extends to watercraft operators. Anyone operating a boat on state waters is deemed to have consented to a chemical test of blood, breath, or urine. Refusing that test triggers separate penalties and can be considered evidence against you.

Watercraft Scope & Enhanced Penalty Triggers

Rhode Island’s BUI statute covers all watercraft, including sailboats, rowboats, canoes, and kayaks, not only motorized vessels. Many people charged under the statute are surprised to learn their vessel type offers no exemption.

Certain circumstances increase the consequences beyond the standard penalty tiers:

Child passenger: Having a child under 13 aboard during a BUI offense can be treated as an aggravating factor that increases the potential consequences a court may impose, including the possibility of boat seizure or impoundment
Operating under suspension: Boating after a BUI-related suspension of watercraft operating privileges can extend that suspension and add imprisonment
Third conviction: A third BUI conviction can result in the state seizing the offender’s boat entirely

Identifying which of these triggers apply to a specific set of facts is part of how I evaluate what’s actually at stake and where the strongest defense arguments lie.

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"Thank you so very much."
I was charged by the Jamestown Police after an accident and I had readings three times the legal limit. This couldn’t have happened at a worst time since I was in the process of graduating from college. Somehow you were able to get the breath test results suppressed so I could get a great outcome. Thank you so very much.

- Haley
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I want to thank you for what you accomplished for me and I would like to first and foremost let it be known YOU ARE THE BEST MOST PROFESSIONAL LAWYER PERIOD!!! Also, I would like to thank you for your compassion for my circumstances and being so supportive. I will be forever grateful. I can't thank you enough.

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Let us explain your options. We offer initial consultations at no charge to you. Call (401) 441-5486 or email us today.

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