Boating Under the Influence
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1. What is Boating Under the Influence?
2. What are examples of Boating Under the Influence?
Boating Under the Influence (BUI) is a serious offense in California, and it is prosecuted under California Harbors & Navigation Code 655. BUI involves operating a boat or other watercraft while under the influence of alcohol, drugs, or a combination of both. Just like driving under the influence, BUI can result in dangerous accidents, property damage, and injury to others. Below are some real-world examples that illustrate the various forms of BUI, how it can occur, and the consequences it may carry.
1. Operating a Boat with a High Blood Alcohol Content (BAC)
In California, it is illegal to operate a boat with a blood alcohol concentration (BAC) of 0.08% or higher. This rule applies even if the individual shows no signs of impaired judgment or loss of control. Simply having a BAC over the legal limit while operating a boat can lead to BUI charges.
Example:
Scenario: Jason enjoys spending his weekends out on the lake with friends. He consumes several beers throughout the day while operating his motorboat. Although Jason feels fine and doesn’t appear drunk, a patrol officer stops him for a routine check and administers a breath test, which reveals that Jason’s BAC is 0.09%. Even though Jason is handling his boat well, he can be charged with BUI based on his BAC exceeding the legal limit.
2. Impaired by Drugs While Operating a Watercraft
BUI doesn’t just apply to alcohol—it also includes operating a boat while under the influence of drugs. These can include illegal substances, prescription medications, or even over-the-counter drugs that impair a person’s ability to operate a vessel safely.
Example:
Scenario: Sarah takes medication for anxiety that causes drowsiness and affects her reaction time. After taking her medication, she decides to go out on her sailboat for a relaxing afternoon. As she navigates the waters, her drowsiness affects her ability to steer properly, and she almost collides with another vessel. A water patrol officer observes her erratic sailing and pulls her over. After performing a sobriety test, the officer determines that Sarah is too impaired to operate the boat safely, leading to a BUI charge based on drug impairment.
3. Commercial Boating Under the Influence
Operating a commercial vessel while intoxicated is treated with stricter rules than recreational boating. In California, commercial boat operators are subject to a lower BAC limit of 0.04%, similar to commercial vehicle drivers on the road.
Example:
Scenario: Mark runs a fishing charter business and takes groups out on his boat regularly. During a trip, one of his customers catches a large fish, and to celebrate, Mark has a few drinks with his clients. After returning to the helm, Mark’s BAC is measured at 0.05% during a routine check by harbor patrol. Since Mark is operating a commercial vessel with a BAC over the legal limit, he is charged with BUI, even though he is not visibly impaired.
4. BUI Resulting in Injury
Boating Under the Influence can lead to serious accidents, especially when alcohol or drugs impair an operator’s ability to make quick decisions or react to changing conditions on the water. If an operator’s impaired behavior causes an accident that results in injury to another person, the operator can be charged with BUI causing injury, which is a more serious offense and can be charged as a felony.
Example:
Scenario: Tom and his friends are out on his speedboat, enjoying a day of drinking and watersports. After several beers, Tom starts driving the boat recklessly at high speeds. He makes a sharp turn, causing one of his friends to fall overboard and suffer a broken arm in the process. Tom can be charged with BUI causing injury because his impaired judgment directly led to the accident and his friend’s injury.
5. BUI on a Personal Watercraft
BUI laws apply not only to boats but also to personal watercraft like jet skis, aquaplanes, and water skis. Just like with boats, operating these watercraft under the influence of alcohol or drugs is illegal and can result in serious accidents.
Example:
Scenario: Amanda spends the day on a jet ski after consuming a few mixed drinks at a lakeside bar. Her intoxicated state affects her judgment, and she begins driving her jet ski too fast and too close to the shoreline. A park ranger stops her, and a breathalyzer test reveals that her BAC is 0.10%. Amanda is charged with BUI for operating her jet ski while over the legal alcohol limit.
6. Operating a Boat with Erratic Behavior Due to Alcohol Consumption
Operating a boat under the influence doesn’t always mean exceeding the legal BAC limit. A person can still be charged with BUI if their behavior shows clear signs of impairment, even if their BAC is below 0.08%.
Example:
Scenario: James is out on his fishing boat after drinking a few beers. Although his BAC is only 0.06%, he begins operating his boat in a reckless manner, cutting too close to other boats and nearly causing a collision. A patrol officer stops James and observes his slurred speech and bloodshot eyes, indicating that he is impaired. Despite his BAC being below the legal limit, James can still be charged with BUI because his behavior shows he is not in control of the boat.
7. Refusing to Submit to a Chemical Test
If law enforcement suspects that a person is operating a boat under the influence, they may request that the individual submit to a chemical test, such as a breathalyzer or blood test. Refusing to take this test can lead to additional penalties.
Example:
Scenario: Alex is stopped by harbor patrol on suspicion of BUI after officers observe him weaving through boat traffic. When asked to take a breathalyzer test, Alex refuses, believing it will help him avoid arrest. However, Alex’s refusal results in additional penalties, and he is charged with BUI, with the potential for a longer jail sentence and higher fines.
3. What are the penalties for Boating Under the Influence?
Boating Under the Influence (BUI) is a serious criminal offense in California, with penalties that can include jail time, fines, and other consequences. Governed by California Harbors & Navigation Code 655, BUI laws are in place to protect people from the dangers of impaired boating. Like Driving Under the Influence (DUI), BUI can lead to significant penalties, especially for repeat offenders or those who cause injury while operating a boat under the influence. Below, we outline the various penalties for BUI in California.
1. Penalties for First-Time BUI Offenders
For individuals charged with BUI for the first time, the offense is generally classified as a misdemeanor. However, the penalties can still be significant and can include:
Misdemeanor probation: First-time offenders may receive summary (informal) probation, which could involve conditions such as participating in alcohol or drug education programs, commonly known as California DUI school.
Jail time: First-time BUI offenders can face up to 6 months in county jail, depending on the circumstances.
Fines: The fine for a first-time BUI offense can be up to $1,000.
Other penalties: The court may also impose other conditions, such as community service, attending alcoholics anonymous meetings, or even restrictions on boating activities.
Example:
Scenario: Eric is stopped by harbor patrol while operating his boat with a blood alcohol concentration (BAC) of 0.09%. Since this is his first offense, Eric is charged with misdemeanor BUI. The court sentences him to 3 months of summary probation, imposes a $500 fine, and requires him to attend a 3-month DUI school program.
2. Penalties for Repeat Offenders
The penalties for BUI become more severe if the individual has prior convictions for BUI or DUI within the past seven years. The consequences for repeat offenses can include:
Jail time: Second or subsequent BUI offenses within seven years can result in up to 1 year in county jail.
Fines: Fines for repeat offenders can range from $250 to $1,000.
Probation: Repeat offenders may also face probation, with stricter conditions than for first-time offenders.
Mandatory alcohol or drug treatment programs: Repeat offenders may be required to participate in more intensive treatment programs or extended DUI school.
Example:
Scenario: Jake is arrested for BUI for the second time within five years. His BAC was 0.10% at the time of the arrest. Since Jake has a prior conviction, he faces up to 1 year in county jail and a $1,000 fine, in addition to being required to attend a longer DUI school program.
3. Penalties for BUI Causing Injury
If a person operating a vessel under the influence causes an accident that results in injury to another person, the charges become more severe. Boating Under the Influence causing injury is known as “aggravated BUI,” and it can be charged as a misdemeanor or felony, depending on the extent of the injuries and the circumstances surrounding the incident.
Misdemeanor BUI Causing Injury:
Jail time: A misdemeanor BUI causing injury can result in 90 days to 1 year in county jail.
Fines: Fines range from $250 to $5,000.
Probation: The court may impose formal or informal probation, with conditions such as community service, alcohol or drug treatment, and restitution to the injured party.
Felony BUI Causing Injury:
Prison time: A felony BUI causing injury can result in a state prison sentence of 16 months, 2 years, or 3 years, depending on the severity of the injuries and the defendant’s criminal history.
Fines: Fines can be as high as $5,000.
Probation: Even if the defendant avoids prison time through probation, the probation terms will likely include mandatory jail time, extensive alcohol or drug treatment, and possible restitution to the victims.
Example:
Scenario: Tom is operating his boat after consuming several alcoholic drinks. He crashes into another boat, causing injury to one of his passengers. Tom is charged with felony BUI causing injury because his negligent and impaired operation of the boat resulted in bodily harm. He is sentenced to 2 years in state prison and fined $4,000.
4. Chemical Test Refusal Penalties
When law enforcement suspects someone of operating a boat under the influence, they may request that the individual submit to a chemical test, such as a breathalyzer or blood test. Refusing to submit to a chemical test when lawfully requested can lead to additional penalties, even if the person is ultimately convicted of BUI.
Refusal penalties can include:
Increased jail time: A refusal to submit to a chemical test may result in a longer jail sentence.
Higher fines: The court may impose additional fines if a defendant refuses to take the test.
Example:
Scenario: Susan is pulled over by a water patrol officer on suspicion of BUI after erratic behavior on her jet ski. When asked to take a breath test, she refuses. As a result, her penalties increase, and she faces an extended jail sentence and additional fines, even though she is ultimately convicted of misdemeanor BUI.
5. Commercial Boating Under the Influence Penalties
For individuals operating commercial vessels, such as fishing boats, ferries, or tour boats, California law imposes a stricter BAC limit of 0.04%. The penalties for commercial boating under the influence can be severe, particularly if the operation of the vessel endangers passengers or other vessels.
Penalties for commercial BUI can include:
Jail time: Up to 6 months in county jail for a first-time offense.
Fines: Fines of up to $1,000.
Suspension of commercial boating licenses: In some cases, the operator’s commercial boating license may be suspended or revoked, impacting their ability to work in the industry.
Example:
Scenario: Mike, a tour boat operator, is found to have a BAC of 0.06% during a routine stop by harbor patrol. Since the legal limit for commercial boat operators is 0.04%, Mike is charged with BUI. He faces 6 months in jail, a $1,000 fine, and the potential loss of his commercial boating license.
4. What are legal defenses for Boating Under the Influence?
Being charged with Boating Under the Influence (BUI) in California is a serious matter that can result in severe penalties, including fines, jail time, and other consequences. However, just because you are charged with BUI doesn’t mean you will automatically be convicted. There are several legal defenses that a skilled attorney can use to challenge the charges and possibly have them reduced or dismissed. Below are some of the most common defenses used in BUI cases.
1. You Were Not Actually Under the Influence
One of the most straightforward defenses in a BUI case is to argue that you were not under the influence of alcohol or drugs while operating the boat. Just because you were stopped and suspected of BUI doesn’t mean you were impaired.
Possible Evidence to Support This Defense:
Witness testimony: Friends, family members, or others on board can testify that you were not drinking excessively or behaving in an impaired manner.
Boating behavior: If your operation of the boat was safe and responsible, despite being stopped, it could show that your mental and physical abilities were not impaired.
Alternative explanations for symptoms: Other factors, such as fatigue, dehydration, or exposure to the sun, can mimic signs of intoxication (e.g., red eyes, unsteady gait), but they don’t indicate impairment.
Example:
Scenario: Greg was stopped by harbor patrol after a long day on his boat. The officer noted that his eyes were red and watery, but Greg had been exposed to the sun all day. Greg’s defense attorney argues that his appearance was due to sun exposure, not alcohol consumption.
2. Inaccurate Breathalyzer or Blood Test Results
In many BUI cases, law enforcement uses breath or blood tests to measure a person’s blood alcohol concentration (BAC). These tests are not always reliable and can produce inaccurate results due to improper administration, equipment malfunctions, or contamination. Challenging the accuracy of the test results can be an effective defense in a BUI case.
Common Issues with BAC Tests:
Improper calibration of the breathalyzer: If the breathalyzer used during the test was not calibrated correctly or recently serviced, it could provide a false reading.
Faulty administration: The officer administering the test may not have followed proper procedures, leading to inaccurate results.
Environmental factors: Things like mouthwash, certain foods, or even exposure to boat engine fumes can lead to a higher BAC reading on a breathalyzer.
Blood test contamination: Blood samples must be handled carefully. Improper storage or contamination can lead to inaccurate test results.
Example:
Scenario: Sarah was given a breathalyzer test after being stopped by harbor patrol. Her BAC registered at 0.09%, just above the legal limit. However, her attorney discovers that the breathalyzer was not calibrated properly, leading to a false positive. The court dismisses the BAC evidence, and Sarah’s charges are dropped.
3. No Probable Cause for the Stop
For law enforcement officers to legally stop your boat, they must have reasonable suspicion or probable cause to believe you are violating the law. If the officer did not have a legitimate reason for stopping your boat, the stop itself could be deemed unlawful, and any evidence gathered during the stop (including BAC test results) may be excluded from the case.
Factors That Can Support This Defense:
Unjustified stop: The officer had no valid reason to stop your boat in the first place (e.g., your boating behavior was safe and within the legal guidelines).
Racial profiling: If the stop was based on racial profiling or any form of discrimination, the stop may be deemed illegal.
Mistaken identity: The officer may have mistaken your boat for another one that was suspected of illegal activity.
Example:
Scenario: Mike was stopped by a patrol officer while operating his sailboat. The officer claimed Mike was speeding, but GPS data from the boat proves he was within the speed limit. Mike’s attorney argues that the stop was illegal, leading to the dismissal of all evidence gathered during the stop.
4. You Were Not Operating the Boat
To be convicted of BUI, the prosecution must prove that you were actually operating the boat while under the influence. If you were not the person in control of the vessel, you cannot be convicted of BUI.
Situations Where This Defense Applies:
Someone else was driving: You were a passenger on the boat, not the operator.
Switched drivers: The operator changed after the boat was stopped, and you were not the one driving at the time of the stop.
You were not in control of the vessel: If the boat was anchored or docked and you were not actively operating it, you may not be guilty of BUI.
Example:
Scenario: James and his friends take turns operating a boat while out on the lake. When the boat is stopped by the water patrol, James is not driving but is standing near the helm. The officer assumes he was operating the boat. However, James’ defense attorney shows that his friend was driving, and the charges against James are dropped.
5. Field Sobriety Test Was Inaccurate
Field sobriety tests, such as walking in a straight line or balancing on one foot, are commonly used by officers to determine whether a person is under the influence. However, these tests are not always accurate, especially in a boating environment, where the movement of the boat or other environmental factors can affect your performance.
Why Field Sobriety Tests May Be Unreliable:
Boat movement: The natural rocking of the boat can make it difficult to perform balance-based tests.
Physical conditions: Sun exposure, dehydration, fatigue, or seasickness can all impact your ability to perform well on field sobriety tests, even if you are not intoxicated.
Unsteady surface: A wet or uneven surface on the boat can cause balance issues during the test.
Example:
Scenario: Maria is stopped for suspicion of BUI and is asked to perform a field sobriety test on her boat’s deck. The boat is rocking, and the deck is wet, making it hard for her to maintain balance. Her attorney argues that the test was not reliable due to the environmental conditions, and the court dismisses the field sobriety test as evidence.
6. You Were Not Driving Recklessly
The prosecution may argue that you were operating your boat recklessly due to impairment, but reckless behavior is not always caused by intoxication. If you were driving erratically for reasons unrelated to alcohol or drugs, this could serve as a defense.
Common Reasons for Erratic Boating:
Inexperience: A new or inexperienced boat operator may drive more erratically without being under the influence.
Weather conditions: Strong winds or rough waters can cause a boat to move unpredictably.
Distractions: Distractions such as passengers, equipment, or environmental hazards could explain erratic boating without intoxication.
Example:
Scenario: Ben is pulled over for driving his boat erratically. However, his defense attorney shows that sudden changes in weather conditions caused the erratic movement, not alcohol impairment. As a result, the charges are dismissed.
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