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 DUI lawyer from Los Angeles, California. 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 for you. With a lawyer’s help, you’ll have an excellent chance at avoiding serious penalties associated with boating under the influence.
What Counts as Boating Under the Influence in California?
Boats count as vehicles, and many of the same laws that apply to cars also apply to boats. In California, the DUI laws for anyone operating a boat or maritime vessel closely mimic the DUI laws for drivers. As such, it is illegal to operate a commercial or recreational vessel under the influence of alcohol or drugs.
The laws against boating under the influence (BUI) are covered by California Harbors & Navigation Code 655. According to this law, there are two ways you can be convicted of BUI on a recreational boat. You’ll likely face BUI charges if one of the following statements is true:
- You had a blood alcohol concentration (BAC) of .08% or more
- You were impaired by alcohol and/or drugs (regardless of BAC)
If you are facing charges for one of these offenses, you’ll want to get in touch with an experienced lawyer. An attorney can protect your rights and fight to get your boating under the influence charges thrown out if you were caught operating one of the following vessels while impaired:
- Motor boats
- Sailboats with a motor
- Jet skis
- Water skiers
- Tubes being pulled by a motorboat
- Aquaplanes
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 be convicted if your BAC is .04% or above. A single drink is often enough to reach .04%. According to the law, commercial vessels include the following:
- Ferries
- Fishing boats
- Tour boats
- Any vessel that is out on the water as part of a commercial venture
Is It Legal to Drink on a Boat?
This is one area where BUI laws differ from DUI laws on land. In a car, it is illegal to drink while driving, and it’s illegal to have any open container of alcohol. These rules are not entirely true for boats. 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 in California. However, be aware that Harbor Patrol and other 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 begin when a boat was following all laws, but harbor patrol noticed signs of drunken partying on board.
Can I 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. As long as the officer has probable cause to suspect you of BUI, taking the test is mandatory.
If you think they do not have probable cause, the safest course of action is to follow their instructions and contest it later. 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.
This applies to recreational boaters only; a commercial boater would still be charged at .05% BAC. If it is higher, you may or may not be charged, but if it is .08% or above, you will be charged with DUI.
What Are California’s Penalties for Boating Under the Influence?
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 for you.
In most cases, an attorney can get the license suspension stayed until you are convicted—and then fight to avoid conviction altogether. The penalties 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 4 months or longer
- Up to 6 months in jail
- Up to 1,000 in fines and substantial other costs
- 3 months or more of DUI school
- 3 to 5 years of probation
Penalties are substantially more serious if your DUI involved a boating accident that hurt another person.
Fighting a Boating DUI
Just because you were arrested for DUI on a boat does not mean you will be convicted. DUI lawyers routinely defend people from these charges and can often win the case or get the charge reduced by negotiating a plea bargain.
In a boating case, the best way to fight the DUI is often to challenge the reason your boat was stopped. Harbor Patrol and other officers need probable cause to stop and detain you. In some cases they may simply stop any vessel piloted by someone who looks young, assuming it is a party boat—this is not a legal basis for a stop.
In other cases, officers do not document why they stopped the boat at all, or the reason they give is easily disproved. If the initial stop was illegal, then your DUI charge will not stick. In other types of cases, your lawyer may challenge:
- The validity of the breath test or blood test
- Mistakes the officers made
- Use of special “field sobriety tests” for boaters, which even sober people may fail
Learn More About Boating Under the Influence Lawyer in California
People make boating mistakes even when they are sober. Just because the Harbor Patrol noticed an illegal maneuver does not mean you were breaking a DUI law. You should always fight your boating DUI. That said, fighting these charges can be difficult, especially if it’s not your first offense.
Fortunately, the team at Los Angeles DUI Lawyer 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.
