Boating under the influence in California can result in serious fines and other penalties. If you’re facing charges for operating a watercraft while impaired, you’ll want to work with an experienced Los Angeles DUI lawyer. Doing so can help you protect yourself from unwanted consequences.
An attorney can investigate your boating incident, analyze evidence, and build a strong defense strategy. With a lawyer’s help, you’ll have an excellent chance at avoiding the penalties associated with boating under the influence.
What Counts as Boating Under the Influence in California?
In California, operating a commercial or recreational vessel under the influence of alcohol or drugs or the combined influence of alcohol and drugs counts as boating under the influence.
California Harbors & Navigation Code 655b covers the laws against boating under the influence (BUI). According to this law, there are two ways you can face a conviction for BUI on a recreational boat. You can face prosecution under Subdivision 655b if one of the following statements is true:
- You had a blood alcohol content (BAC) of .08% or more
- You were impaired by alcohol and/or drugs (regardless of BAC)
If you are facing charges for a violation of subdivision 655b, you’ll want to contact a criminal defense attorney. An attorney can protect your rights and fight to get your boating under the influence charges thrown out if law enforcement accused you of operating one of the following vessels while impaired:
- Motor boats
- Sailboats with a motor
- Jet ski
- Water ski
- Tubes pulled by a motorboat
- Aquaplanes
You can build a legal defense today with a criminal defense lawyer if law enforcement accuses you of impairment at the time of operation of a boat. An attorney can give you more information about a BUI under Harbors & Navigation Code 655b, even if law enforcement says you failed to exhibit ordinary care.
What Counts as Boating Under the Influence for Commercial Vessels?
If you are operating a commercial vessel, you face stricter blood alcohol concentration requirements. Instead of .08%, you can face charges if your BAC is .04% or above. A single drink is often enough to reach .04%. According to the law, commercial vehicles include the following:
- Ferries
- Fishing boats
- Tour boats
- Any other type of boat that is out on the water as part of a commercial venture
You can face penalties for boat operation under the influence of drugs or alcohol or a combination of drugs and alcohol, even as an experienced drinker.
Is It Legal to Drink on a Boat?
When operating a boat, you are allowed to have open containers of alcohol, and your passengers can drink.
If you are piloting the boat, you can also drink as long as you don’t meet the blood alcohol content criterion for boating under the influence. However, be aware that Harbor Patrol and other peace officers will look for open containers on boats.
If they pass you and see your passengers drinking or you drinking, they may become suspicious and begin to scrutinize your behavior. Many BUI cases start when a boat is following all laws, but harbor patrol notices signs of drunken partying on board.
Can You Refuse a Breath Test for Boating Under the Influence?
You cannot refuse a breath test for boating under the influence in California. When you operate a boat, state law says you have given your implicit permission to be tested by law enforcement. If the law enforcement officer has probable cause to suspect you of BUI, taking the test is mandatory.
If you think they do not have probable cause, following their instructions and contesting it later is the safest course of action. It’s important to note that breath tests are used slightly differently in boating cases. If you take the test and blow a .05% BAC or below, you will likely be presumed innocent of DUI and allowed to go on your way.
What Are the Penalties for Boating Under the Influence?
The potential consequences for boating under the influence depend on whether it is your first, second, or third DUI in a 10-year period (including driving DUIs). The penalties for a first offense include:
- Losing your driver’s license for four months or longer
- Up to six months in county jail
- Up to 1,000 in fines and substantial other costs
- Three months or more of DUI school
- Up to five years of probation
Potential penalties are more serious if your DUI involved a boating accident that caused a bodily injury. The penalties increase for each subsequent offense, including a longer potential county jail sentence.
Note that you may face an enhanced penalty if you operate a foreign vessel or if law enforcement finds illegal drugs on the vessel.
Boating Under the Influence Can Impact Your License
The most surprising penalty to many people is that a BUI case can affect your driver’s license. Again, this is because California treats all vehicles the same, and the Department of Motor Vehicles (DMV) assumes that a person who is reckless with one kind of vehicle may be reckless with another.
The DMV will begin the license suspension process immediately unless you require a hearing to stop it. With a boating DUI case, you have only 10 days to request this hearing. The best way to approach your hearing is to ask a DUI lawyer to handle it.
In most cases, an attorney can get the license suspension stayed until you are convicted—and then fight to avoid conviction altogether.
Fighting a Boating DUI
In a boating case, the best way to fight the DUI is often to challenge the reason for the stop. Harbor Patrol and other officers need probable cause to stop and detain you, such as abnormalities in your boating pattern.
Your lawyer may challenge:
- The validity of the chemical blood test
- Mistakes the officers made when assessing your physical ability
- Use of special “field sobriety tests” for boaters, like assessments of an unsteady gait
You may rely on an attorney to help if the police engaged in an unreasonable search or if they improperly carried out chemical testing with a breath testing machine. In some cases, a lawyer can show that the lab improperly handled a blood sample or that the test returned a false positive result.
An attorney can help after an arrest in San Diego, San Bernardino, and locations throughout Orange County. In many cases, a lawyer can establish an innocent explanation for the charges you face, helping you avoid days in jail and other penalties for this alleged offense, even if law enforcement had reasonable suspicion to stop you.
The court may drop your charges if a lawyer shows that the prosecution does not have competent evidence or that they made a rebuttable presumption when claiming you operated a boat under the influence of a combination of alcohol and drugs.
Learn More About Boating Under the Influence Laws in California
People make boating mistakes even when they are sober. Just because the Harbor Patrol noticed you breaking the speed limit does not mean you were breaking a DUI law. You should always fight your boating DUI. Fighting these charges can be difficult, especially if it’s not your first offense.
Fortunately, we can provide the resources and guidance you need to avoid the serious penalties associated with boating under the influence in California. Contact us today to schedule a free consultation and learn more about your legal options.
We can connect you with a lawyer who can explain boating under the influence laws and help you build your defense.
