Boating Under the Influence of Alcohol or Drugs (BUI) Punishment - California DUI Law and Legal Information

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The California Harbors and Navigation Code Section 655 provides the laws that relate to boating under the influence. Being under the influence is defined as having a blood alcohol content (BAC) of .08 percent for a recreational vessel and .04 percent for a commercial craft. The law pertains to nearly all boats, from pleasure craft to commercial fishing vessels.

Boating under the influence of alcohol or drugs is a criminal offense that carries serious punishments for guilty offenders. The penalty and punishments for boating under the influence are similar in many ways to California driving under the influence offences. It is strongly suggested that you obtain a California criminal DUI defense attorney to represent you in criminal court if you have been arrested on suspicion of boating under the influence.

Boating under the influence is typically charged as a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. Boating under the influence that result in injury to another person can be charged as a felony, and carry a penalty of one year in prison and a fine of up to $5,000. Boating under the influence of alcohol and/or drugs and causing death to another person is a felony that carries a penalty of up to 10 years in prison. California boaters convicted of BUI also can be ordered to take boating safety courses and alcohol education classes.

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Anyone arrested for BUI in California is required to submit to a blood or breath test to determine blood alcohol concentration (BAC). A BAC of .08 percent or greater is considered being under the influence, but even a BAC of between .05 percent and .08 percent can be used with other evidence to establish intoxication. Refusal to take a chemical test may result in increased penalties if convicted. Previous alcohol or drug-related convictions of vehicle and vessel operators also can be used to enhance criminal penalties in BUI cases.

In California, boaters under age 21 are not allowed to consume any alcohol at all. A person under 21 with a BAC of .01 percent or more cannot even use water skis. A BAC of .01 percent to .05 percent in a boater under 21 is an infraction, with penalties similar to a traffic ticket.

Boating under the influence is a serious crime that carries substantial penalties, but the charges can be fought and won. A California criminal defense lawyer with experience defending boating under the influence cases will fight the charges aggressively with the goal of keeping consequences to a minimum.