CALIFORNIA CRIMINAL LAWYERS

Los Angeles Boating Under the Influence

Boating Under the Influence: What You Need to Know

Boating under the influence (BUI) is a serious crime, just like drunk driving on the highway. It involves operating any watercraft or device such as a sailboat, jet ski, inner tube pulled by a motor boat, water skis, or aquaplane while under the influence of alcohol or drugs. BUI laws are enforced by federal and state authorities through checkpoints set up on the water. If you’re caught operating a watercraft while under the influence, you may face severe penalties and large fines.

Understanding the Laws for Boating Under the Influence

BUI laws can be quite complex and vary in severity depending on the circumstances of each case. If you have prior drug or alcohol convictions, criminal penalties may be elevated. Additional fines may also be imposed if you refuse to take the required alcohol or drug test. In case of injury or death to another person while operating a boat under the influence, you may face up to a year in prison and a fine of $5000. If you’re stopped and found to be intoxicated but have caused no damage, you may be required to complete a boat safety course before operating your watercraft again. Your license to operate a watercraft may also be suspended from six months to five years.

Mitigating Factors in BUI Cases

Influence factors that affect a boat operator’s performance can be influenced by the environment as well as alcohol or drugs. The motion of a boat can cause severe dizziness, while sun exposure can cause exhaustion. Glare from the sun may also make it difficult to view water obstacles. These and other factors can all influence the outcome of your BUI arrest and subsequent trial.

Defending Against BUI Charges

Like the operator of a car or truck, boat operators have a right to a Per Se hearing before the DMV to determine whether there was probable cause to stop them and whether their blood alcohol level was 0.08 percent. Once arrested for BUI, the individual has ten days to file this request. Contacting a skilled criminal defense lawyer who understands complex California laws relating to operating watercraft under the influence is critical in defending against BUI charges. These lawyers can make an aggressive defense on your behalf and help you navigate the court system.

Table: Penalties and Fines for Boating Under the Influence (California)

| BUI Offense | Penalties |
|————-|———————————————-|
| First | Up to six months in jail, up to $1000 fine |
| Second | Up to one year in jail, up to $1000 fine |
| Third | 120 days to one year in jail, up to $5000 fee |
| Fourth | 180 days to 1 year in jail, up to $5000 fine |
| Fifth | 16 months to three years in jail, up to $5000 |
| | |

(Source: California Harbors and Navigation Code)

Conclusion

Don’t underestimate the seriousness of boating under the influence. It’s a potentially life-threatening crime that can result in severe legal and financial penalties. Before operating any watercraft, it’s crucial to be aware of not just the BUI laws but also their ramifications. If you do find yourself charged with BUI, make sure to contact an experienced criminal defense lawyer as soon as possible to help you mount a strong defense.