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DUI Articles
Boating Under the Influence in California
Written Sept 24, 2009 Last Modified Sept 24, 2009
Many people might be unaware that boating drunk can cause some very serious legal consequences. This is referred to as BUI or BWI. On a high traffic roadway, most citizens are aware of the possible risks and consequences of driving a car under the influence of alcohol. It is not as commonly known that boating under the influence carries serious legal consequences too. Here we will examine some of the facts about what one might face when dealing with this serious charge.
What is Considered Boating Under the Influence in California?
By the broad definition of statute, you can be held accountable for Boating Under the Influence if you operate any aquatic vessel or manipulate water skis, an aqua plane, or any "similar device" while under the influence. This has a definition in the code, which is available at the California Department of Motor Vehicles, of either a combination of drugs and alcohol or a BAC (blood alcohol content) of .08% for a private vehicle and .04% for a commercial vehicle. There is no specific rule against using alcohol or having open containers on a boat or watercraft, so long as you are not operating it at the time. Waterway officers are allowed to give a field sobriety test and to do breath and blood examinations for alcohol content, when there is probable cause. Boating accidents or illegal maneuvers are often what creates the situation for an officer to examine the possible inebriation of a boat operator. A boater under 21 years of age is not allowed to consume any alcohol when operating the vehicle.
If I am Convicted of Boating Under the Influence, What Will Happen to My Driving License and Privilege?
Currently your automobile driver's license is not affected by BUI. The California Court of Appeals ended the practice of removing driving privileges for Boating Under the Influence in 2008, recognizing the lack of statutory authority. However, there is a recent legislative push to pass a bill which would give the Department of Motor Vehicles the authority to suspend driver's privileges for BUI. When you are convicted for Boating Under the Influence, it is considered a prior offense if you are facing judgment for DUI in an automobile at a later time. This could result in stiffer penalties. Indirectly, this could have consequence on your driver's privilege in such a scenario.
What Fines and Penalties Might One Face for Boating Under the Influence?
The average BUI is presented as a misdemeanor. This level of charge involves a one year maximum penalty at a county correctional facility and a $1000 fine. There are also safety courses and alcohol classes which can be mandated by the court in cases like these. Boating Under the Influence charges which involve an injury are generally presented as a felony. This more serious charge would involve a possible year in prison and a $5,000 fine. In an incident where there is a fatality involved in an accident, it is much more serious. If you are found to be operating under the influence in an incident where someone is killed, you could face a felony charge carrying up to ten years in prison.
Do I Need a Lawyer if I am Facing a Charge for BUI or BWI?
When you are facing a charge for a crime which involves penalties that you would find disruptive to your way of life, it is always critical to get the help of a lawyer. In the case of Boating Under the Influence, there are some pretty serious penalties associated with a maximum sentence. Sometimes a lawyer can help you get a lesser charge, a minimum penalty, or can prove that you were not guilty of the crime at all. It is important, however, to talk to a variety of lawyers and see what they feel can be done to help. Many DUI lawyers offer free consultations. It would be wise to take advantage of this practice to see what course of action would benefit you.
