You can get a DUI on a kayak if you are found to have a blood-alcohol concentration (BAC) of 0.08% or higher. In California, this type of DUI charge is called boating under the influence (BUI), however.
As with DUIs that happen on the road, BUIs can lead to hefty fines, jail time, and license suspension. You should take your charges seriously and begin working on your defense.
If a peace officer stopped you on the water and you now face BUI charges, a Los Angeles DUI lawyer can build your defense strategy. An attorney can work to minimize your charges or get them entirely dismissed.
Boating Under the Influence of Alcohol Laws Apply to Kayaks
You may not be surprised to learn that operating a vessel under the influence of drugs or alcohol is illegal. What can be surprising is that these BUI laws apply to kayaks, as well.
A kayak is technically a vessel, even though it is not motorized. According to California Harbors and Navigation Code 655, no one can operate any recreational vessel if they have a BAC of 0.08% or higher.
It may seem unlikely that you will ever get a BUI on a kayak since it’s a human-propelled vessel, but anything can happen. For example, the Coast Guard or another peace officer may issue a BUI to a kayaker if they are involved in a boating accident, especially one that caused injuries or property damage.
Consequences of Getting a BUI on a Kayak
The consequences of a BUI are just as serious as those of a DUI. Your potential penalties also depend on other factors, such as how many previous offenses you have and whether you caused injuries in an accident.
In general, California Harbors and Navigation Code 668 notes that you could spend up to six months in county jail and/or face fines of up to $1,000. If this is not your first offense or you caused injuries to another party, you may be facing charges of a misdemeanor or even a felony.
Other Consequences of a DUI or BUI
Aside from jail time and fines, DUI and BUI convictions carry issues into other areas of your life, as well. You may experience difficulty gaining employment since a DUI can show up on a criminal background check. This can also make it difficult or impossible to do other things, such as own a firearm, depending on the severity of your charges.
You can also experience a falling out with family members, friends, and colleagues. Depending on your charges, you may even have a hard time reinstating your driver’s license. This can also complicate your personal and professional life.
The best thing to do once you are facing DUI or BUI charges is to take your defense seriously. This means beginning to work on a legal strategy immediately. You can get help from a Los Angeles DUI attorney and explore your options during a free consultation.
Defense Strategies if You Get a DUI on a Kayak
When considering legal representation, you can ask a DUI lawyer about strategies that may apply to your case. You will want to work with a criminal defense law firm that offers personalized legal services so that you have the best chances at a favorable outcome.
Some examples of ways DUI attorneys in Los Angeles build defense strategies include:
- Investigating any discrepancy that occurred during your arrest
- Analyzing inconsistencies in eyewitness accounts
- Comparing testimony from the arresting officer with video footage and other forms of evidence
- Investigating misuse or defectiveness of different sobriety tests, such as breathalyzers or blood tests
- Exploring explanations for refusal of sobriety tests
- Determining if your rights were violated during the arrest, such as an officer’s failure to read your Miranda Rights
What works for one criminal defense case may not apply to another. A DUI lawyer can explain the best course of action for what’s at stake in your situation and prepare you for the legal process.
The goal of any defense strategy is to seek the best possible outcome. This may be the dismissal of your charges, an acquittal after trial, or a reduction of your sentence.
Call a Los Angeles DUI Law Firm if You Got a DUI on a Kayak
It’s understandable to be stressed if you got a DUI on a kayak. It was probably the last thing you were expecting after heading out onto the water. Take your charges seriously, though. A DUI conviction can have lasting consequences.
Call a Los Angeles DUI attorney to help you with your defense strategy. A legal team can guide you through the various steps in a DUI case, such as an arraignment or hearing. A lawyer can represent you in a trial, as well.
The sooner you reach out, the better a DUI attorney in Los Angeles can protect your rights. Contact a DUI lawyer today to get started.
