BUI Attorney in Reno, Nevada

Former Reno Prosecutor. 30 Years of Criminal Defense. Free Consultations.

A boating under the influence charge under NRS 488.410 is a separate criminal offense from a DUI. It carries its own penalties, its own testing procedures, and its own procedural vulnerabilities. If you were stopped on Lake Tahoe, the Truckee River, or any other Nevada waterway, you’re facing a criminal case that demands a defense built around how these charges are actually prosecuted locally.

Kenneth A. Stover served as Special Prosecutor for the City of Reno and the City of Sparks before devoting his practice entirely to criminal defense. He knows how Washoe County prosecutors build BUI cases because he built them. That prosecutorial background, combined with 30 years of legal practice and representation in over 70 Nevada courts, shapes every defense strategy we develop.

A BUI arrest doesn’t leave you much time. Call (775) 502-1575 to schedule your free consultation with Law Offices of Kenneth A. Stover and get a clear picture of where your case stands.

What Counts as BUI Under Nevada Law

NRS 488.410 makes it unlawful to operate or be in actual physical control of a power-driven or sailing vessel on Nevada waters while impaired. The statute covers three separate bases for a charge: visible impairment by alcohol, drugs, or other chemicals; a blood alcohol content (BAC) of 0.08% or higher; or a BAC of 0.08% or higher measured within two hours of operating the vessel. Motorboats, sailboats, and jet skis all fall within the statute’s reach.

You can also be charged based on blood or urine concentrations of specific controlled substances, including amphetamine, cocaine, heroin, methamphetamine, and PCP, even without visible signs of impairment. By operating a boat on Nevada waters, you give implied consent to chemical testing if law enforcement has reasonable suspicion of BUI. When only alcohol is suspected, you may choose a breath test; if drugs are suspected, a blood test is required. Refusing doesn’t prevent prosecution. Officers can seek a court order for a forced blood draw, and the refusal itself becomes evidence against you.

BUI Penalties in Nevada

The consequences range from a misdemeanor to a Category A felony depending on the circumstances and your prior record.

Standard first-offense BUI penalties:

• Up to 6 months in jail and/or up to $1,000 in fines
• Possible mandatory online boater safety course and community service
• No automatic suspension or revocation of your driver’s license

BUI causing death or substantial bodily harm (Category B felony):

• 2 to 20 years in prison for substantial bodily harm
• 2 to 25 years if death results and you have no prior BUI convictions
• 5 to 25 years if death results and you have one or two prior BUI convictions
• $2,000 to $5,000 in fines

BUI following a prior felony BUI conviction (Category B felony):

• 2 to 15 years in Nevada State Prison
• $2,000 to $5,000 in fines

A conviction involving death with three prior BUI convictions escalates to “homicide by vessel,” a Category A felony. Judges can’t grant probation or a suspended sentence in felony BUI cases. Unlike a DUI, a BUI conviction won’t suspend your driver’s license, but a felony conviction carries consequences reaching into employment, housing, and civil rights that can extend well beyond the courtroom.

Lake Tahoe BUI Enforcement: Who’s on the Water & How Stops Work

Multiple agencies share enforcement authority on Lake Tahoe. The Washoe County Sheriff’s Office runs a marine patrol on the lake and participates in Operation Dry Water, a national BUI enforcement campaign concentrated around the Fourth of July weekend. In 2023, 488 agencies participated nationally, removing 6,869 impaired operators from waterways during that enforcement period alone. The Nevada Department of Wildlife and the U.S. Coast Guard also patrol the lake.

Officers on the water are trained to use seated field sobriety tests because traditional balance-based tests like the walk-and-turn or one-leg stand are unreliable on a moving vessel. That matters to your defense. Sun exposure, wind, noise, vibration, and the rocking of the boat can all make a person appear more impaired than they are. After an arrest on Lake Tahoe, the case moves to Washoe County Justice Court, where the Washoe County District Attorney’s Office handles prosecution.

How a Reno BUI Charge Can Be Challenged

Having spent years as a prosecutor, Kenneth Stover understands precisely where BUI cases are built and where they break down. Every case begins with a thorough investigation of the stop, the testing procedures, and the evidence gathered on the water.

Grounds that may support a defense include:

• Identity of the operator: If the prosecution can’t prove you were the one operating the vessel, the charge may be dismissed
• Lack of probable cause: The stop or arrest may not have met the legal threshold required
• Testing problems: Breath or blood equipment that was defective, improperly calibrated, or incorrectly administered can undermine the BAC result
• Two-hour window: A chemical test administered more than two hours after you stopped operating the vessel may be inadmissible
• Medical conditions: Certain conditions can produce falsely elevated BAC readings on breath tests
• Field sobriety test unreliability: Balance-based test results from a rocking vessel may not reliably indicate impairment
• Breath test offer: If only alcohol was suspected and officers didn’t offer a breath test, that procedural failure matters

Depending on the facts, a BUI charge may be reduced to reckless or negligent boating under NRS 488.400, a lesser misdemeanor with less lasting impact. Some cases can be resolved through negotiation; others are best taken to trial. We assess every option against the specific facts of your situation.

Why Reno Clients Choose Law Offices of Kenneth A. Stover

Kenneth Stover’s time as Special Prosecutor for Reno and Sparks gives him a working knowledge of how local prosecutors evaluate criminal cases, what evidence they prioritize, and where their cases have weaknesses. That perspective carries directly into BUI defense. His practice is devoted 100% to litigation, which means clients get an attorney whose entire practice centers on courtroom advocacy, not contract drafting or transactional work.

The State Bar of Nevada recognized Stover with its highest-rated lecturer designation in 2008 for DUI defense, an area of law that directly informs BUI case strategy given the overlap in chemical testing, implied consent, and impairment standards. He has lectured at the Truckee Meadows Police Academy and serves as a State Bar Mentor. Over a 30-year career, he has represented clients in over 70 courts throughout Nevada.

Recognition and credentials:

• AV Preeminent 5.0 rating from Martindale-Hubbell
• Best 10 by the American Institute of DUI/DWI Attorneys
• Premier 100 by the American Academy of Trial Attorneys
• Highest-rated lecturer designation, State Bar of Nevada, 2008 (DUI defense)

Get a Free Consultation After a BUI Arrest

If you were charged with boating under the influence on Lake Tahoe or anywhere in the Reno and Sparks area, the decisions you make now shape how your case proceeds. We offer free consultations so you can understand your situation before committing to a course of action. The sooner we can review the facts of your stop, the more options we can identify.

Call (775) 502-1575 to reach Law Offices of Kenneth A. Stover and schedule your free consultation today.