If you operate a boat or other vessel while under the influence of drugs or alcohol, you may be charged with a crime.
In the summer, many Californians take to the water. What better way to enjoy our beautiful weather than with a day on a boat? But if you plan to include alcohol on your outing, beware: boating under the influence is a serious crime, just like driving under the influence.
What is BUI?
Under the California Harbors & Navigation Code, it is a crime to operate any vessel while under the influence of alcohol or drugs. This includes operating a recreational vessel with a blood alcohol content (BAC) of .008 or higher, or a commercial vessel with a BAC of .004 or higher. If you operate a vessel while under the influence and injure someone, that could lead to charges as well — much like a charge of DUI causing injury. Because open container laws do not apply to boats, many people may be susceptible to these charges while having a few beers or glasses of wine while appreciating a day on the water. These laws also apply to
A Boating Under the Influence (BUI) charge is a misdemeanor for most cases, with the possible penalties including 6 months to one year in county jail and/or a fine of up to $1,000. If a BUI results in an injury, it could be charged as a felony, resulting in a much higher potential jail term.
Defenses to BUI Charges
As with DUI cases, there are legal defenses to BUI charges, such as arguing that the stop that led to an arrest was illegal. Because the definition of boating under the influence is different from driving under the influence, there may be additional defenses. This could include arguing that your abilities were not actually impaired due to your experience in handling boats. For example, if a person owns a sailboat and has been sailing this boat on a regular basis for years, an afternoon of light drinking may not impair his or her ability to navigate the boat. However, a person with less experience consuming the same amount of alcohol may not be able to use this defense, because they do not have the same ability to control the vessel with skill and experience while under the influence. BUIs can be proven in a number of ways, from the person’s physical appearance, how they navigate the vessel, a breath or chemical test, or field sobriety tests. Each of these methods of proving intoxication presents an opportunity to rebut the charge.
If you’ve been charged with an offense relating to boating under the influence, you will need an experienced Southern California DUI lawyer to ensure that your legal rights are protected. Contact the Chambers Law Firm today to schedule an initial consultation. We will review the facts of your case with you and advise you of possible defenses to a BUI charge. Our consultations are always free and confidential. Contact our office today at 714-760-4088 or dchambers@clfca.com to set up an appointment.
