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Boating While
Under The Influence

Although a charge of Boating While Intoxicated may seem different from a traditional Driving While Intoxicated charge, it is charged under the same statute. You not only face the same consequences of a DWI but a BWI conviction can be used to enhance a future DWI. This means that if you have a prior Boating While Intoxicated conviction, then receive a DWI years later, the DWI will be charged as a second offense

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Even more surprising, if you are arrested for a BWI you face the same DPS driver’s license suspension as a person who was arrested for a DWI. If you refused a breath or blood test or provided a sample greater than a .08 you face a statutorily required driver’s license suspension.


Defending a BWI Case

BWI cases are similar to DWI cases in science and defenses with a few stark differences. As the breath and blood science is the same, it requires us to cross examine the state’s expert witnesses with the same knowledge of breath and blood testing; however, the reason for contact and DWI/BWI standardized field sobriety procedures have two main differences.

In both a DWI and BWI case the officer must first qualify the driver as a candidate for the standardized field sobriety tests. However, in a Boating While Intoxicated case the officer, or game warden, must not only ask qualifying questions to the operator of the boat, but he must also give the person a period of time to shed their sea legs. This waiting period allows the person to acclimate to walking on land after being on a boat.

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The level of knowledge, professionalism and service from Kugel Law is fantastic. Unfortunately, I've had experience with a number of firms over the years - Rachel and her team are top notch in comparison. I contacted, and spoke with Rachel, when searching and evaluating counsel for a family member. In a short period of conversation, I was comfortable, at ease and confident in their representation. They took a long view in managing a very difficult situation that ultimately resulted in a reduction of the charges that I never thought possible - a tremendous outcome from tremendous people.
Rachel is a fantastic lawyer and was help to help resolve my DUI with the best poasible outcome. She explained everything to me in detail to help me understand all of my options. Additionally Linda in her office was always extremely responsive and helpful and they were just a pleasure to work with! I am very happy with the outcome of my case and would reccommend Rachel's services to anyone who needs them!
At a time when my options were limited to non-existent, I contacted Kugel Law firm. That’s when I met Rachel. I never needed a lawyer before and was unsure of where to start. Rachel and Linda were kind, empathetic, calm and always a phone call away. Thanks to her, my case received the best possible solution. My case was closed, fully dismissed. OVER! I highly recommend her, if you need help. Rachel is the one!
I’m from California. I didn’t know who to turn too. Don’t know the laws and obviously don’t know the which roads to turn on in NYC. Thankfully I was able to get my DUI dismissed. Moral of the story, don’t drive with any alcohol in your system. Also check out Kugel Law Firm and Rachel and her amazing team if your in trouble.
Helpful, kind, and had my best interest in mind all the way through. Mrs. Kugel has been extremely generous with her time explaining each step of the process clearly and in easy to understand terms. The Kugel Law Firm delivered results exceeding my high expectations, in other words, completely dismissed.
I chose The Kugel Law Firm based on the reviews that are so good that it was a bit suspicious. But make no mistake - they are all well-deserved. No outcome in the court system is guaranteed but Rachel will go out of her way to fight for you. She is a walking encyclopedia when it comes to this stuff and on top of that, she is super friendly and always available to talk and break things down for you. If you've found yourself in the unfortunate situation of a DWI then look no further. I can't imagine anybody better. Thanks Rachel!
I never been in a situation where it required a lawyer. So happy I went to the Kugel law firm. Rachel was supportive, honest, and cared more beyond just a check she was receiving from me. She checked up on me without me having to go serve for her. She always explained each outcome and possibilities and made me feel supportive during a horrific situation. Defiantly recommend to have you back and represent you in a case.
This law firm turned a traumatic experience into a bearable one. Rachel and her staff were very communicative and honest about the process. That meant everything and also made us happy about our favorable outcome.
I must admit I didn't think it was anyway I could have gotten around my DUI and REFUSING... I'm glad I chosen the KUGEL LAW FIRM.. (RACHEL)knock it out the park all charges dismissed and 4 other miscellaneous tickets as well. She's who you need worth ever Dollar and more...

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