BUI Attorney in Lynnwood

Defense for Boating Under the Influence Charges in Snohomish County

A boating under the influence (BUI) charge carries real criminal consequences, and it deserves the same focused defense required for a DUI. As a local Lynnwood law firm that exclusively focuses on DUI-related charges, DUIHeroes is uniquely qualified to help after a BUI arrest. Founding attorney Jonathan Dichter brings over 20 years of DUI defense experience to every case, holds faculty standing at the National College for DUI Defense, and leads a team that includes two former prosecutors who know how the other side thinks and works. 

If you're facing a BUI charge in Lynnwood, we’re ready to defend it. Our practice covers the full range of impaired-driving offenses: first-time DUI and BUI, felony DUI, multiple-offense cases, marijuana-related charges, and even prescription drug DUI. BUI defense sits squarely within that focus.

What Washington Law Says About BUI

Under RCW 79A.60.040, operating a vessel while under the influence of alcohol or drugs is a criminal offense. The blood alcohol concentration threshold mirrors the DUI standard: 0.08% or higher triggers a BUI charge. A THC concentration of 5.0 nanograms or more can also form the basis of a charge. The statute applies broadly to vessels, a category the law defines to include both motorized and non-motorized watercraft used for transportation on the water.

The stakes changed significantly in 2013. Before that year, BUI was a simple misdemeanor in Washington. Lawmakers reclassified it as a gross misdemeanor, meaning a conviction can now carry up to 364 days in jail and fines up to $5,000. That’s no longer the low-level citation many people assume a boat stop will produce.

BUI vs. DUI

BUI and DUI are similar in some ways, but they have key differences. Knowing these matters when you’re deciding how seriously to treat the charge. 

These are the two key differences between BUI and DUI:

• No driver’s license suspension: A BUI conviction doesn’t trigger a driver’s license suspension the way a DUI does. Your ability to drive isn’t usually directly at stake.
• Different refusal penalty: If a boat operator refuses a breath test, the penalty is a $1,000 civil infraction rather than the implied-consent license suspension that applies in DUI cases.

However, a BUI conviction counts as a prior offense under Washington’s DUI sentencing law. If you’re ever charged with DUI later, that BUI on your record can increase the mandatory minimums you face.

That last point is often underestimated. Some people may treat a BUI as a minor matter and plead quickly, not realizing it becomes part of their criminal history in a way that affects any future DUI case. We don’t let clients make that decision without understanding what’s actually at stake.

BUI Cases in Lynnwood’s Courts

Gross misdemeanor BUI cases in this area may be heard at Snohomish County District Court, South Division, located in Lynnwood. It’s a court of limited jurisdiction that handles misdemeanor and gross misdemeanor criminal matters. Arresting agencies can include the Washington State Patrol, the Snohomish County Sheriff’s Office, and, depending on where the vessel was operating, the U.S. Coast Guard. Each agency follows different protocols, and those protocols affect how the evidence in your case was gathered.

Field sobriety testing on the water presents its own complications. Wave action, sun exposure, fatigue, and the physical demands of boating can all affect how a person performs on standardized tests designed for dry land. These are the kinds of details that can make a meaningful difference in how a case is challenged.

Why DUIHeroes Handles BUI Defense Differently

Many criminal defense attorneys who handle a BUI charge are generalists picking up an unfamiliar case type. Every attorney at DUIHeroes practices DUI law exclusively. That focus isn’t a marketing line. It means our entire practice infrastructure, from training to case strategy, is built around impaired-driving defense.

NHTSA Training at the Instructor Level

Jonathan Dichter is a Qualified Instructor for the NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing course, the same course Washington's law enforcement officers complete, and he has taught it to attorneys, judges, and investigators. That knowledge directly informs how we evaluate whether sobriety tests were properly administered in a BUI stop and where the state’s evidence is vulnerable.

Former Prosecutor Insight & Proven Results

Our team includes former prosecutors who understand how the state builds its case from the inside. That perspective helps shape better, stronger defense strategies. Since 2009, an average of 95%* of first-time charges we’ve handled have been reduced or dismissed. 

Jonathan Dichter was selected for the Washington Super Lawyers list for 2023 through 2026,  and DUIHeroes earned the Seattle Times 2025 Best in the PNW Gold award for DUI/DWI Law, as well as the Silver in 2024 and 2026. He also authored Innovative DUI Trial Tools (7th ed., James Publishing), a national strategy guide used by DUI attorneys across the country. 

Start Your BUI Defense Today

If you’re facing a BUI charge in Lynnwood or anywhere in Snohomish County, don’t treat it as a minor matter until you’ve spoken with a BUI lawyer who can tell you exactly what’s at stake. We offer a free initial consultation, interpreter services in most languages, and a complimentary copy of Jonathan Dichter’s DUI Survival Guide.