Charges Reduced | BUI to Reckless Boating

Our client was enjoying the day out fishing with friends when their boat was stopped for a routine inspection of its catch and safety equipment.  Our client was the one operating the boat.  The law enforcement officer stated that our client was slow to respond to commands, that his eyes appeared glassy & bloodshot, and that he was swaying during the stop.  The officer also stated that he noticed a moderate smell of an alcoholic beverage emitting from our client.  After completing their inspection, a boating under the influence (BUI) investigation was conducted.  Our client was asked to go aboard the law enforcement vessel to perform field sobriety exercises. After conducting the exercises, the officer concluded that our clients normal faculties were impaired and placed him under arrest for boating under the influence.  Our client then submitted a sample of his breath, which registered under the legal limit.  After thoroughly reviewing discovery, conducting interviews and speaking with our client, we announced ready for trial.  We were prepared to prove our client was not illegally under the influence of alcohol while operating his boat. In response, the state offered our client a deal to a lesser charge of Reckless Boating and a withhold of adjudication.  Our client pled No Contest to Reckless Boating, avoiding a BUI conviction and potential jail time.