BUI Attorney in Windham County

Over 40 Years Defending Eastern Connecticut. Top 100 Criminal Defense Attorney.

A BUI arrest on Windham County waters is a criminal charge under Connecticut General Statutes Section 15-133, not a ticketable infraction. The consequences run parallel to those for motor vehicle OUI, and since October 1, 2025, they can also cost you your driver’s license. The Law Office of Jerome Paun defends clients facing these charges throughout Windham County and Eastern Connecticut, bringing over 40 years of criminal defense experience and an established practice in OUI defense that applies directly to BUI cases.

Many boaters are caught off guard. They didn’t realize BUI was a criminal offense or that the penalties now extend beyond the water. That surprise can cost valuable time. The sooner you have a defense attorney involved, the more options may remain open.

If you were arrested for boating under the influence in Windham County or anywhere in Eastern Connecticut, call us at (860) 455-4202 for a free initial consultation. Time-sensitive deadlines apply to challenging license suspension hearings, and early action can help protect your rights.

What Connecticut’s BUI Law Actually Covers

Connecticut General Statutes Section 15-133 prohibits operating any vessel while under the influence of alcohol or drugs on state and federal waters. That includes powerboats, sailboats, personal watercraft, and any other steered or propelled vessel. Mansfield Hollow Lake, the Quinebaug River, and Bigelow Hollow State Park’s waters all fall within its reach.

The blood alcohol content (BAC) threshold is 0.08%, the same as the motor vehicle OUI standard. For operators under 21, the limit drops to 0.02%. A person can be charged under two theories: a BAC at or above the threshold or evidence of impairment regardless of measured BAC. DEEP Environmental Conservation Police (EnCon) enforce BUI on Connecticut waterways, with patrols intensifying during summer holidays under the Operation Dry Water campaign.

BUI Penalties Under Connecticut Law

Penalties under CGS Section 15-133 escalate with each offense. The following ranges are set by statute and represent what a conviction can mean, not a prediction of any individual outcome:

• First offense: Fine of $500 to $1,000; up to 6 months in jail, with 48 hours that cannot be reduced or suspended unless the court substitutes 100 hours of community service; one-year suspension of boating privileges.
• Second offense within 10 years: Fine of $1,000 to $4,000; up to 2 years in jail, with 120 days that cannot be reduced or suspended; three-year suspension of boating privileges.
• Third or subsequent offense within 10 years: Fine of $2,000 to $8,000; up to 3 years in jail, with 1 year that cannot be reduced; permanent revocation of boating privileges.

Public Act 25-159, effective October 1, 2025, added a reciprocal suspension framework that significantly raises the stakes. Under this law, a BUI conviction can now trigger suspension of a Connecticut driver’s license. The reciprocal penalty can apply to both criminal convictions and administrative per se violations, including failing or refusing a chemical alcohol test. Before October 1, 2025, a BUI conviction left a driver’s license unaffected. That separation no longer exists, subject to the specific facts of each case.

Why BUI Investigations Differ from OUI Stops

The marine environment introduces variables that don’t exist in a roadside OUI investigation, and those variables create distinct defense opportunities.

A BUI stop begins when EnCon officers observe erratic navigation, safety violations, or visible signs of impairment. The officer then boards the vessel rather than approaching a car window. Field sobriety tests (FSTs), such as the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus, were developed for roadside use on stable, flat surfaces. Wave motion, boat movement, dock instability, sun exposure, fatigue, and dehydration can all affect performance on these tests independent of any alcohol consumption.

BAC testing typically happens off the water, at a police station or hospital, sometimes hours after the vessel was last operated. That time gap matters. The BAC reading at the station may not accurately reflect the BAC at the time of operation, opening a time-lapse argument about what the evidence actually shows.

BUI Defense Strategies We Use

Our experience handling OUI cases, including reviewing A-44 forms, police reports, and body-cam recordings, carries over directly into BUI defense. Every case is different, but the strategies we examine include:

• Legality of the marine stop: Whether the officer had sufficient basis to board the vessel; evidence gathered after an unlawful stop may be subject to suppression motions.
• FST reliability: Challenging whether marine environmental conditions, rather than alcohol, explain the officer’s observations during field testing.
• BAC test procedures and timing: Disputing chain of custody, testing device calibration, and the time-lapse gap between vessel operation and the BAC reading.
• Medical and environmental explanations: Conditions such as inner ear disorders, vertigo, or dehydration can mimic impairment during field sobriety testing.
• AEP eligibility: For first-time defendants, we evaluate whether the Pretrial Alcohol Education Program (AEP) is available as a diversionary option. Successful completion may result in dismissal of the charge, though eligibility depends on the specific facts of the case.

When a single incident produces both a BUI charge and a motor vehicle OUI charge, the proceedings compound quickly. We handle both the criminal case and the administrative DMV proceeding, including meeting filing deadlines for challenging any boating license suspension under the reciprocal framework.

Defending Windham County Boaters Since the 1980s

Attorney Jerome Paun has practiced criminal defense in Eastern Connecticut for over 40 years. The National Trial Lawyers and the American Society of Legal Advocates have recognized him as a Top 100 criminal defense attorney since 2014. He holds a 10.0 Superb rating on Avvo and earned Avvo Clients’ Choice awards each year from 2013 through 2023.

The Law Office of Jerome Paun is based in Willimantic. BUI arrests in Windham County are prosecuted at Windham Superior Court in Putnam, a courthouse Attorney Paun knows well. When you work with us, he personally handles your case, reviews the evidence, explains the charges in plain terms, and keeps you informed at each stage. We don’t hand files off.

Free Consultation After a BUI Arrest in Windham County

There is a limited window to request a hearing to challenge a boating license suspension after a BUI arrest, and your driving privileges may also be at risk under the Public Act 25-159 reciprocal suspension framework. Acting quickly can help keep all available options open.

Call The Law Office of Jerome Paun today at (860) 455-4202 or reach us through the contact form on this site to discuss your BUI case with Attorney Paun directly. The consultation is free, and the sooner we can review your case, the more we may be able to do.