Frisco Boating Under the Influence Defense Lawyers

Are You in Need of a BUI Defense Attorney in Frisco, CO?

A day of boating can turn into a legal nightmare if you face BUI charges. Over the years, countless responsible boaters in Frisco have been caught off guard by strict Colorado marine laws. But at Whitaker & Penix, LLC, our BUI defense lawyers have helped many people—and we can help you.

Why Choose Us Over Other Frisco, CO, BUI Defense Lawyers?

• Our firm understands tactics used by Colorado Parks & Wildlife Officers and Summit County law enforcement
• Kylie Whitaker and Ehren Penix both served as prosecutors before becoming defense attorneys
• We've helped clients get BUI charges dropped, reduced, or beaten in court and can do the same for you
• We offer 24/7 availability and are ready to take your call whenever you need us most
• Kylie Whitaker was selected as a Rising Star by Super Lawyers based on peer recognition, professional achievement, and other factors
• Our firm holds an A+ rating with the BBB
• We proudly support the community and believe in helping good people through difficult times

Whitaker & Penix, LLC: Frisco, Colorado, BUI Defense Law Firm

With Kylie's insider experience from seven years as a Breckenridge prosecutor and our staff's 24/7 availability, we don't just know how the local system works—we're actually here when you need us. If you want a law firm that knows Summit County's waterways and courts, contact our law firm.

Don't Let a BUI Conviction Sink Your Future. Discuss Your Options Now by Calling (970) 368-0602 for a Free Consultation

What To Do After a BUI Arrest

You need a BUI defense lawyer who understands the unique challenges boaters face in our community. Thankfully, our attorneys understand the distinct elements of boating cases and can help you fight the charges against you.

The Words You Say Matter

Did you know that altitude can affect both balance and field sobriety test results? Rangers might mistake altitude sickness for intoxication. That's why we recommend you exercise your right to remain silent from the start and request a Frisco criminal defense attorney to help protect your rights.

Avoid Talking about Your Case in Jail

Those cement walls have ears—and recording devices. Between jail calls and that chatty person in the next cell, everything you say about the day of your BUI arrest could end up in court.

Write Down Everything

Memories fade faster than you'd think, so write down everything now. This includes the patrol boat approach, field sobriety test location, weather conditions, and even your breakfast that morning; every detail counts in BUI cases.

Contact Whitaker & Penix, LLC, for Help

of the night, on the weekends, and even on the holidays.

How Are BUIs Categorized in Colorado?

Colorado takes a comprehensive approach to water safety. The state looks at several key factors when categorizing a BUI, and our defense lawyers know this better than anyone else.

First, there's the standard BAC limit of 0.08%—just like with driving. But rangers don't just rely on numbers. Our Frisco, CO, boating under the influence attorneys can tell you that these rangers are trained to observe specific behaviors that could indicate impairment, regardless of test results.

If you face BUI charges, know that first and repeat-offense BUIs in Colorado are misdemeanors. Rangers are watching for things like:

• How you handle your boat through afternoon waves
• Your balance during their dockside sobriety tests (which are tricky even stone-cold sober!)
• Your response time to safety questions and commands
• Basic navigation skills when they signal you to stop
• How well you can follow multiple instructions

What Are the Legal Penalties for a BUI Conviction?

A BUI is not just a minor setback. Our law firm is familiar with BUI penalties in Colorado, and our lawyers have watched these charges throw a serious wrench into people's lives—both on and off the water. Most people don't realize that even a first-time offense can have ripple effects that last for years.

Legal Penalties

• Up to one year in county jail
• Fines ranging from $200 to $1,000
• 5 points against your driver's license
• Mandatory boating safety education courses
• Up to 96 hours of public service
• Potential suspension of boating privileges
• Court costs and additional fees
• Probation supervision requirements

Repeat offenders (those who have at least one BUI within five years) face harsher penalties.

Life Consequences

• Job complications, especially if you hold a commercial license
• Travel restrictions
• Higher insurance rates for both boats and vehicles
• Professional license issues
• Background check red flags affecting future employment
• Strained family relationships
• Limited recreational opportunities on Lake Dillon
• Potential rental boat restrictions

The Legal Process for Frisco, CO, Boating Under the Influence Cases

When you're hit with boating under the influence charges in Frisco, the legal journey can feel daunting and anxiety-inducing. From the moment of your arrest to the final resolution, multiple steps and hearings lie ahead. Let's walk through what you can expect in your case next.

Investigation of Criminal Activity

Rangers patrol the waters looking for signs of impaired boating. They observe behavior like erratic navigation, excessive speed, or failure to follow marine regulations. Based on these observations, they may initiate a stop and begin gathering evidence through field sobriety tests, breathalyzer readings, and general observation.

Determining Probable Cause

Law enforcement must establish reasonable suspicion that you're operating a boat while impaired. They'll look at factors like your boat handling, physical appearance, speech patterns, and test results. During this phase, they're essentially building their case to justify moving forward with an arrest.

Arrest

If probable cause is established, you'll be taken into custody. At the same time, your boat may be towed or secured at the marina. During this process, officers document their observations, collect evidence, and process all necessary paperwork.

Arraignment

This is your first court appearance, where the judge formally presents the charges. You'll be informed of your rights and asked to enter an initial plea. The court will also address preliminary matters, like scheduling future hearings and confirming your legal representation.

Bail

The court determines if you can be released and under what conditions. Factors considered include your ties to the community, criminal history, and flight risk. Bail amounts for BUI cases vary, and conditions might include restrictions on boating or alcohol consumption.

Preliminary Hearing

This crucial hearing determines if there's enough evidence for the case to proceed. The prosecution must show probable cause that you committed the offense. Evidence is presented, witnesses may testify, and your attorney can challenge the state's case.

Trial

If your case goes to trial, both sides present evidence to either a judge or jury. The prosecution must prove guilt beyond a reasonable doubt. Evidence typically includes officer testimony, chemical test results, video footage, and witness statements from other boaters.

Sentencing

If convicted, the judge determines your punishment based on factors like prior offenses, BAC level, and any aggravating circumstances. The court considers both mandatory minimums and maximum penalties allowed under Colorado law for BUI offenses.

Outcome of Charges

Resolution can come through various paths: dismissal, plea agreement, acquittal, or conviction. Each outcome carries different implications for your freedom, boating privileges, criminal record, and future legal status on Colorado waters.

Appeals

If you're convicted, you have the right to appeal within specific timeframes. The appeals process examines legal errors, procedural issues, or new evidence. Higher courts review the case to ensure no errors were made that could have affected the outcome.

Do Not Wait Until an Arrest to Seek Legal Counsel

You might still be on the fence about whether to call Frisco, Colorado, boating under the influence defense lawyers or not. Even more, you might be thinking it's just a BUI charge and isn't a big deal. But those crucial first hours after a stop can completely change the direction of your case.

The longer you wait, the more challenges you'll face. Evidence disappears, witness memories of water conditions fade, rangers file their reports without your side of the story, and those statements you made while trying to handle this alone.

Call (970) 368-0602 to Get a Free Case Review and Protect Your Rights

Possible Defenses to BUI Charges

As seasoned Frisco, Colorado, defense lawyers, we've built a reputation for innovative defense strategies. Our experience defending boating under the influence charges in Frisco has taught us that every case has potential weaknesses—we just need to know where to look.

Inaccurate Breathalyzer Test Results

High-altitude conditions can affect breathalyzer accuracy. Thus, equipment maintenance records, calibration issues, and operator training all become critical factors in challenging these results.

Medical Conditions or Medications

Certain health conditions can mimic intoxication symptoms, especially in water. Balance problems, diabetes, inner ear conditions, or prescription medications can all affect coordination and appearance during field sobriety tests.

Lack of Evidence of Impairment

Rangers often mistake normal boating behavior for impairment. Rough water, wind conditions, and natural lake movements can affect navigation and balance—factors we use to challenge the ranger's observations.

Rising Blood Alcohol Content (BAC)

Your BAC could have been legal while operating the boat but rose by the time of testing. This "rising BAC" defense is particularly relevant in boat stops with delayed testing.

Improper Stop Procedures

We scrutinize whether rangers had legitimate, reasonable suspicion for the initial stop and followed proper marine law enforcement protocols throughout the encounter.

Testing Protocol Violations

Were proper procedures followed during field sobriety tests? These tests aren't designed for floating docks or boat decks, making their reliability questionable.

How a Frisco, CO, BUI Defense Lawyer Can Help

Our experienced boating under the influence defense lawyers see these cases from an angle most people don't, and we'll show you how the other side's case might not be as solid as they think. After all, we've got a former prosecutor who knows what they're looking for—and, more importantly, where they often mess up.

Immediate Case Analysis

We'll dissect every detail of your arrest—from the initial stop to the final paperwork. Our attorneys also review ranger reports, witness statements, and weather conditions to identify potential weaknesses in the prosecution's case.

Evidence Collection and Preservation

We quickly gather crucial evidence that could disappear: marina security footage, weather reports, boat maintenance records, and witness statements from other boaters who saw the stop.

Challenge Testing Procedures

Our experience with Frisco DUI cases helps us identify when field sobriety tests aren't properly adapted for water conditions. We scrutinize breathalyzer maintenance records and testing protocols.

Navigate Local Courts

With our deep understanding of Summit County courts and prosecutors, we know how to effectively negotiate in your favor. Our former prosecutor's insight gives us a unique advantage in the courtroom.

Handle Administrative Matters

Beyond criminal court, we manage all paperwork and deadlines related to your boating privileges and license status. We'll fight to keep you on the water.

Some of Our Client Testimonials

"Got Me the Best Possible Outcome" - Jessica Borrego (5-Star Google Review)

Kylie was great to work with. She's very professional but also real. She got me the best possible outcome for my situation. Extremely happy. 10/10 - would recommend.

"Went Out of His Way to Assist with My Case" - Heather Kutchery-Moore (5-Star Google Review)

Ehren was very professional, went out of his way to assist with my case, and [was] very compassionate to my situation. I would highly recommend him to anyone who needed a good lawyer.

Other Locations We Serve Near Frisco, CO

• Breckenridge
• Dillon
• Fairplay
• Silverthorne

Get Experienced Frisco BUI Legal Representation Now

Don't let a boat stop turn into a legal nightmare that follows you for the rest of your life. The lawyers at Whitaker & Penix, LLC, are ready to start building your defense—call us anytime at (970) 368-0602.

Frequently Asked Questions

When Should I Hire Boating Under the Influence Defense Attorney?

You should hire a boating under the influence defense attorney as soon as possible. While you're at home wondering if you need a lawyer, ranger reports are being filed, witness memories are fading, and marina security footage showing the choppy water conditions might be gone tomorrow. Every minute you wait gives the prosecution a bigger head start.

What Should I Ask When Hiring an Attorney?

When hiring an attorney, ask about real experience in Frisco—how many BUI cases have they handled on our waters? Have they actually worked with our local rangers and judges?

How Can a Colorado BUI Defense Lawyer Help Me?

With our prosecutor background, we don't just defend cases—we know exactly where to look for the prosecution's weak spots.

Do I Need a Boating Under the Influence Lawyer if I Think I'm Guilty?

Even if you think you're guilty, what seems like an open-and-shut case often isn't. Remember that the prosecution has to prove every element beyond a reasonable doubt.

Can I Go to Jail for BUI in Frisco, Colorado?

Jail is possible for BUI, but it doesn't mean you will serve your sentence. Most first-time cases have better options available, like safety courses or community service. But those alternatives don't just happen automatically. You need someone who knows the local courts and prosecutors, understands what judges respond to, and knows how to negotiate these cases.