When Can I Be Arrested for Boating Under the Influence?
Boating under the influence penalties in California vary based on your criminal history, just like with driving under the influence. California makes it a crime to operate any boat, watercraft, jet ski, or vessel when you are under the influence of alcohol or drugs. For alcohol, it is criminal to drive a boat with a blood alcohol concentration (BAC) of .08 or greater. If you are caught boating under the influence, you will be arrested and may face jail time.
What Is Criminal Boating Under the Influence?
California criminalizes four different types of boating under the influence. These are:
- Driving a recreational vessel while your BAC is 0.08 or higher.
- Driving a recreational vessel while under the influence of alcohol or drugs.
- Driving a commercial vessel while your BAC is 0.04 or higher.
- Operating any vessel while under the influence of drugs and alcohol and committing a negligent act that results in an injury to another individual.
According to California law, “under the influence” is defined as having impaired mental or physical abilities causing you to be unable to operate the watercraft with the same caution as a sober person. Even if your BAC is below 0.08, you can be charged with operating under the influence if law enforcement determines you were impaired after drinking or taking drugs.
Boating is defined broadly and includes jet skis and other personal watercraft as well as more traditional yachts, cruisers, and pontoon boats.
Defenses Against Boating Under the Influence Charges
You can fight any charge of boating under the influence by arguing you were not impaired and exercised the same caution as would a sober individual. If law enforcement used a field sobriety test to determine you were under the influence, you could challenge the results.
Boating usually means spending a lot of time in the sunshine. You can quickly become dehydrated, exhausted, or sunburnt. Any of these conditions can impact your ability to pass a field sobriety test. Therefore, if the basis of your arrest was failing such a test, your legal defense team can argue you were not under the influence of drugs or alcohol. Instead, you were tired, needed water, or dealing with heat exhaustion.
On the other hand, if you were charged because your BAC exceeded the legal limit, you can argue the test result was a false positive. A false positive could result from you smoking or if you just ate. Additionally, seasickness can make you vomit, which also can throw off a breathalyzer test.
Penalties for Boating Under the Influence
The severity of the punishment you face will depend on if you have any prior boating under the influence convictions and whether anyone was hurt. If you are a first-time offender, the maximum penalties include up to six months in jail and a fine of $1,000. A judge could also order you to serve misdemeanor probation instead of going to jail.
If this is not your first conviction, you can face additional jail time. Note that driving under the influence convictions are considered prior offenses for boating under the influence charges. Any conviction for operating under the influence within seven years could lead to up to a year in county jail for your second offense.
Finally, if you cause an injury while boating under the influence, you could face misdemeanor or felony charges. The misdemeanor offense carries a minimum of 90 days in jail. However, if the injury is severe or you have priors, the maximum felony sentence is three years in jail and a $5,000 fine.
If you were arrested for boating under the influence in Newport Beach, California, contact the Chambers Law Firm. Our experienced criminal defense attorneys can help fight the charges you are facing. Schedule a no-obligation consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.
