Stopped in a no wake zone when passenger on boat behind me was standing on cooler to see something. They called it bow riding. As the driver they asked me to summit to a
bac, which I did willingly because I was perfectly fine. It came back .1 so they made me take another one on shore. That was .1 as well. Afterwards they gave me back my license, told me I may or may not receive something in the mail, and let me drive away on my boat. Eight weeks later I received a court summons in the mail and when I called the courts they told me that some cases they pursue and some they don't and mine is one they elected to pursue.
There is no single answer to this question. It's like asking how much it costs to get to New York City. If you walk or hitchhike, it may not cost you anything. If you take a bus, it may cost $300 to $400. If you charter a jet, it may cost you $50,000 or more.
There is virtually no limit to the amount of time and preparation a lawyer can spend on defending a case. Do you want expert witnesses? A mock trial to rehearse the case? Two mock trials?
You need to call some local attorneys and ask them. The fee will depend on a variety of factors:
The experience and reputation of the lawyers you contact.
What exactly do you want the lawyer to do for you? (and this question may very well depend on the consequences of a conviction, and how bad you want to fight the charges.)
What legal issues are presented by your case?
Assuming that your state is a 0.08 BAC state (most are), it may not be that difficult to win a 0.10 breath test. That depends a great deal on whether your state has legislated the "rising alcohol" defense out of existence. Some have. Alcohol levels can continue to rise for up to two hours after your last consumption of alcohol. I'd wager that you consumed at least some alcohol in the two hours immediately prior to your arrest. Did the police simply use a portable breath testing device twice - once on water, and then later once on land? Or did they use a larger, more sophisticated device on land? The results of most portable breath tests are inadmissible. How long did it take for them to administer a breath test which is going to be legally admissible? Did they EVER give you a legally admissible breath test?
A criminal conviction can haunt you the rest of your life. It can prevent you from getting an apartment, or finding work. It can completely eliminate your ability to work in some occupations. I believe that it would be a big mistake to simply hire a lawyer to plead you guilty to the case without considering all of the short and long term consequences, but if you choose to make that terribly stupid mistake, I don't think you'd need to spend more than $500 to $750 to get a lawyer to do that for you. It's simply not that much work. But in most cases, you would be well advised to speak to two or three local lawyers about fighting the case before you roll over and play dead.
Make sure you talk to at least 2 or 3 lawyers who regularly fight DUI (and BUI) cases. Ask them what percentage of their DUI cases they take to trial. A fighter takes at least 50% of his cases to trial. A lawyer who only pleads people guilty wouldn't know a winning case if it bit him. Lawyers who are fighters study and learn techniques to win cases. Fighting a BUI may well cost you $2,500 to $10,000, depending on supply and demand, and exactly how you want the lawyer to handle the case. But many times it's well worth it. Most lawyers do not charge for initial consultations, so call several.
Best of luck to you!
A BUI is much less sever than a DUI. Boating Under the Infulense is a misdemeanor with a maximum sentence of 90 days in jail, $1000 fine and 2 years probation. There are also no mandatory minimum penalties as there are in a DUI. There are no driver's license consequences or mandatory Interlock Ignition Device for a BUI arrest or conviction. (Thus, there is no reason to submit to a test of your breath or blood as there is no consequences for refusing this voluntary test in a BUI case.) Because of all of these reasons a BUI case is usually simpler than a DUI.
Prices? $1000-$8000? Trial fees and expert witnesses are normally an additional fee. Cost is important but it should not be the primary factor you use to choose an attorney. The old adage "you get what you pay for" is not necessarily true. You can find a good attorney for a reasonable price or pay a lot for one that will do little for you. Instead interview a number of BUI attorneys and pick one that will work hard and represent you well.
FYI-The police reports are forwarded to the prosecutor who reviews the evidence and decides whether to file charges. A 0.10% BUI will be charged almost every time.
