The Law Office of Michael E. Mitchell represents those charged with boating under the influence (BUI) in the Central Valley of California.  The crime is comprised from several sections contained within California’s Harbor and Navigation Code (Harb. & Nav. Code §655 et seq.).   Harbor and Navigation Code section 655 (b) and (c) are akin to California Vehicle Code section 23152(a) and (b). 

Boating under the influence (BUI) is when a person operates a boat while they are under the influence of drugs and/or alcohol or they are operating the boat with a .08% Blood Alcohol concentration (BAC).  Operating a boat includes any mechanically propelled vessel or anything that carries people behind the vessel such as water skis.  Self propelled watercraft such as floatation devices, canoes or kayaks are not included so long as they are not pulled behind a mechanical vessel.

A boating under the influence (BUI) charge is subject to several defenses.  Field sobriety tests, for example, are difficult, if not impossible to perform (see more on field sobriety tests).  Your equilibrium may be substantially affected by being on the water for several hours. Red, watery eyes may be due to exposure to the sun.  Also, the reliability of breathalyzer’s is subject to attack (see more on breathalyzers).  Blood tests are also subject to error as well (see more on blood tests).  If you received a urine test, your in luck, urine is notoriously unreliable (see more on urine tests.) 

In addition, to the above-described defenses, it is often difficult for the officer to be positive of their identification of the operator of the boat.  The officer who stopped you may well be hundreds of feet away, when your boat comes to a stop.  By the time the officer arrives alongside you, they may not be able to recognize who was driving the boat.  Especially, if there were several passengers aboard.  The boat’s controls are usually only a few feet away from those on board. 

One of the ways to avoid some of the harsher consequences of a Boating under the influence (BUI) conviction is to enter into a negotiated plea bargain or settlement agreement with the district attorney.  For instance, the charge can be reduced or amended to a different charge.  For example, a boating under the influence (BUI) charge can be changed to “serving as a crew member while under the influence of intoxicating liquor or drugs” (Harb. & Nav. Code 655.4)  If the right plea bargain can be structured, driver’s license and DUI consequences may be avoided. 

Unlike, a typical DUI case, a citation or arrest for drunk boating does not trigger the DMV hearing process.  Similar to a typical DUI, however, if a boat driver refuses a chemical test, there is the possibility of increased punishment. 

California also has “zero tolerance” laws for under 21 boaters who are intoxicated.  A person under 21 is not allowed to operate the boat if they have have a BAC of .01% or more.  However, a violation of this law is an infraction, rather than a misdemeanor.  Yet, a conviction under this subdivision may result in a one year suspension for the under 21 boater’s California Driver’s license.

One of the major concerns of a Drunk Boating conviction is that they do count as a Drunk Driving or DUI “prior” under the California Vehicle Code.  A Drunk Boating conviction, aside from criminal punishment, also results in the suspension of a driver’s license.  To simplify, a Drunk Boating conviction is practically the same as a conviction for drunk driving.  However, the imposition of a DUI school is up to the discretion of the court.

Before you go to court on a boating under the influence (BUI) charge, make sure you have an attorney by  your side who is up-to-date and experienced in this area of the law.  If you have been charged with boating under the influence (BUI), call the Law Office of Michael E. Mitchell today.  We are here to help.