If you're like many California boaters, you may not have known that operating a vessel while under the influence of alcohol or drugs is a serious criminal offense. Many of the same tests used in DUI cases are used by law enforcement to investigate boating under the influence, including chemical tests and field sobriety tests. If you're facing a California BUI, you should consult with Los Angeles DUI attorney who can plan an aggressive defense to this evidence.
In California, there are more than 150 state and local agencies that enforce boating laws. If a law-enforcement officer has a reasonable belief that you are under the influence while operating a vessel, you're required to take a chemical test of your blood, breath, or urine.
All California boaters operate their vessels under an implied consent law similar to the one that governs drivers, meaning that they agree to take a chemical test if suspected of BUI merely by taking the helm of a vessel. Refusing to take a chemical test after a valid BUI arrest can bring additional consequences.
If you are arrested for Los Angeles BUI, you have a choice of taking a blood, breath or urine test, but if you choose a breath test, you may also have to take a blood or urine test if the officer believes you are under the influence of drugs.
Police who suspect you of BUI will typically ask you to take a field sobriety test such as the walk and turn test before arresting you. The officer will also note your behavior before, during, and after your arrest, and document any signs and symptoms of intoxication. All of the information gathered by the arresting officer will be used both to provide probable cause and create evidence for the court case against you.
Los Angeles DUI while boating investigations are often triggered when someone falls overboard or is involved in a collision. After a serious accident, particularly one that caused injury or death, investigators will interview witnesses and passengers in the boat and will take photographs, measurements, and gather other physical evidence.
The repercussions of a California BUI / BWI conviction include fines and even jail time, so it's important to aggressively fight the charges with the help of a skilled defense lawyer. A Los Angeles DUI attorney will work hard to make sure you get a fair result on your Los Angeles DUI while boating case.