Operating a boat on the waterways surrounding Rochester while under the influence of alcohol can have serious consequences.

A boater who is involved in an accident or stopped for violating any of the regulations surrounding operation of a vessel is required to submit to a test of his or her breath, blood, saliva or urine to determine its alcohol content, so long as the police officer making the request has reasonable cause to believe the operator is impaired or intoxicated by alcohol.

An operator in this situation does not have the right to refuse the test, and there are sanctions for doing so.

These sanctions apply even if the charges for operating a boat while impaired or intoxicated are dismissed.

When the operator first appears in the local court after being arrested, his or her privilege to operate a vessel will be immediately suspended.

Thereafter, a hearing will be scheduled before an administrative law judge to determine whether the operator refused a lawfully requested chemical test.

The only issues to be decided at this hearing are:
1) did the police officer have reasonable cause to believe that such person had been operating a vessel while impaired or intoxicated by alcohol;
(2) did the police officer make a lawful arrest;
(3) was the operator warned prior to refusing the test that a refusal would result in immediate suspension of the privilege to operate a vessel, regardless of whether or not he or she is found guilty of the charge for which the arrest was made; and
(4) did the operator then refuse to submit to the chemical test.

A finding against the operator on all four of these issues will result in a suspension of the privilege to operate a vessel for six months and a $200 fine for a first time offender.

If you have been accused of operating any type of vehicle under the influence of alcohol, we can help you. Call us at 585-484-7432.