Operating a Motor Vehicle, Aircraft, Watercraft or Water Skis Under the Influence
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Operating a Motor Vehicle, Aircraft, Watercraft or Water Skis Under the Influence

August 28, 2019

Hi i’m David Cantor with the Law Offices of
David Michael Cantor and today’s topic is going to be on OUI OUI is different than DUI.
It’s actually a boating DUI Operating Under the Influence of Alcohol
while boating. And basically the definition is impaired to the slightest degree by alcohol
while operating a watercraft or above the .08 within two
hours of driving a watercraft. Now some of the definitions or the
punishment on these cases involve the same punishment
is a DUI. it can be ten days in jail, nine days
suspended which leaves you one day in jail after you do certain classes and things of that nature or can be reduced
all the way to zero days in jail. If you have multiple OUI’s it can go all the way up to six months in jail now the defense is on these cases
involve what’s known as no actual physical
control. What does that mean? It means you’ve pull your boat you’ve either docked it or sank your anchor and now you’re just
sitting on the boat and you’re drinking. You don’t actually have the motor on an you’re not
operating it. That’s a difference What’s called “Corpus Delicti”.
What’s that mean? Well it’s latin for body of the crime, no body no crime. What it really means is, they can’t show that you we’re impaired by alcohol when you did pull your boat up to that location and
drop anchor. Or they’re just assuming you were. another defenses No Reasonable Suspicion to
Stop that means, these deputies love the
claim you were in a wake zone, or a no-wake zone and
you created a wake that was too high. or my favorite, the stop in question where
they just pull up and go “Hey! You guys having a good time?” Great oh i see uh… “When did you pull up here? Oh you
just pulled up how many a minutes ago? Five minutes ago? Well I see you have a beer in your hand, we
want to talk to you and We’re goingo to go over some stuff with and
put you through some tests. You know, that’s not a reasonable, there’s no reasonable suspicion that any
crime was committed prior to pulling up all they see as people with beer cans
in their hand so were very successful in defending based upon a violation of reasonable
suspicion to stop in regards to breath in blood testing, with breath testing, we challenge the standard quality assurance
procedures. That’s the ninety-day quality insurance checks on the device These devices have a plus or minus ten
percent error factor which means that any given time it could be reading you
ten percent hight. Your body temperature can affect the reading and also if
there’s mouth alcohol if you have regurgitation issues. We challenge that. In regard to blood defenses, we check whether the swamp the officer
used had alcohol or was it betaine. If it was alcohol, he’s adding alcohol when he draws your
blood in addition we look at the hand
sanitizer used was an alcohol-based when he put the gloves and he popitaned the vein we’re going to look at whether there’s fermentation or coagulation
issues. If you look at that vial of blood whenever they draw your blood, even at
the doctor’s office, there’s power in the bottom and we’re going to see did they mix of blood
properly or did it ferment you can ferment grapes into wine, rice into sake, blood into alcohol. We’re going to look at the device
itself. The auto sampler, it’s like a Lazy Susan, it rotates. It has thirty vials of
blood the same needle will puncture the top of each
vial of blood and i’ll suck out the air between the top of the blood the bottom
of the cork, the air and shoot it into basically a breath testing device. This is
called headspace gas chromatography. No doctor on earth, no hospital on earth
tests blood this way but the government does. Lots of problems when they do this.
We’ll be able to look at everything involved in your case to give you the best chance
of getting it dismiss completely or reduced to something you can live with. If you go to our victory section on our
website we’ve had great success doing this, if
you’ve been charged with this or a friends been charged, Call Us we will get you into our office, have a free
initial consultation and we’ll go over your case with you from top to bottom for

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