California DUI Boating/Drunk Boating

Boating under the influence can happen in a lake, a river, or on the ocean. Operating a boat or any watercraft while under the influence of drugs or alcohol (BAC of .08%) is a criminal offense in California. Unlike in a car where it's unlawful to have alcohol in the vehicle, the Harbors and Navigation Code does not bar passengers of a boat or watercraft from drinking alcohol or carrying open containers in the vessel. A BUI offense is almost identical to the California Vehicle Code's DUI offense.

BUI Law

California Harbors and Navigation Code section 655 states that :

(b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (d) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood.

BUI Investigation

The symptoms that primarily attract officers to the boats, and the procedures that follow are very similar to DUI cases. Boat patrol officers look for speeding, erratic driving, right-of-way or equipment violations, and too many passengers. It's not unusual for officers to contact a boat for a random safety inspection. Officers will conduct the same under the influence investigation that they would on land including preliminary questions, field sobriety tests, and chemical testing of your breath or blood.

BUI Punishment

The consequences and defenses for a BUI are much like those of a DUI and include fines, jail, and probation. Sometimes these cases can be plea bargained to a lesser charge. It's important to know that a BUI is "priorable" which means if you get a DUI within 10 years of your BUI it's treated like a prior conviction. Punishment on second offenses are always much more severe.

BUI Defenses

BUI defenses include rising alcohol, absorption, mouth alcohol, radio frequency interference, and heartburn or GERD. Blood defenses include improper collection, handling, and storage which can lead to contamination or fermentation of the blood sample. Experienced DUI lawyers know which arguments to make to undermine the forensic evidence in the case. Boat patrol officers are often inexperienced in under the influence investigations because its not their main line of work like a street patrol officer's is. Often they are park rangers. Areas of attack include the officer's administration of the field sobriety tests, his/her use of the breath testing equipment, the calibration and accuracy records of the breath testing equipment, and how they handled the blood sample once they obtained it from you.

Free Same Day Consultation

For more information about first offense DUI charges, call Drunk Driving Defense Attorneys Roland X. Tiemann and Peter B. Tiemann for a free same day consultation at (530) 621-2400 or (916) 941-7300. We are experienced and Aggressive DUI defense lawyers who will vigorously represent you.

News and Info

5/27/2009 - Commercial Drivers License

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