How Does San Bernardino County Address DUIs Involving Recreational Vehicles and Boats?

What Does the Law Say About Boating Under the Influence in California?

Many people think that DUI laws only apply to vehicles on the road, but this couldn’t be further from the truth. The rules also apply to people operating boats and recreational vehicles on California’s lakes and rivers. An offense that entails operating a boat while intoxicated is known as boating under the influence (BUI).

Local sheriffs and police departments regularly patrol waterways in popular recreational areas to locate persons boating under the influence. BUI laws fall under California Harbors and Navigation Code section 655. If you’re facing BUI charges, skilled lawyers from a San Bernardino law firm can help you understand how the laws work and how to defend yourself.

A Look into Harbor and Navigation Code 655

Specifically, the laws on boating under the influence state as follows:

• No person shall operate any vehicle, aquaplane, or a similar vessel while under the influence of drugs, alcoholic beverages, or a combination of the two.
• A person shall not operate any recreational vessel or manipulate water skis if they have a blood alcohol concentration of 0.08% or more.
• No person addicted to the use of any drug shall operate any vessel, aquaplane, or a similar device unless the individual is participating in a narcotic treatment program approved under Article 3.
• No person shall commit any act prohibited by law or neglect any duty imposed by law while using a vessel, aquaplane, water skis, or similar device.

The penalties for boating under the influence are steep. Consult skilled San Bernardino DUI defense attorneys for legal counsel if facing charges. They can evaluate the case circumstances, help you weigh your legal options, and formulate a defense strategy to beat the charges.

What Counts as a BUI in a Recreational Vessel?

You can be convicted of a BUI if you meet either of the following conditions:

• You were operating a vessel while impaired by alcohol or drugs, the blood alcohol concentration notwithstanding
• You had a BAC level of 0.08% or more

The laws apply to aquaplanes, water skiers, motor boats, sailboats with a motor, and tubes pulled by a motorboat. Self-propelled canoes and kayaks are exempt.

Commercial Vessels BUIs

The law will hold you to stricter standards when charged with a BUI involving a commercial vessel. You can be convicted if your BAC is 0.04% or more when operating commercial vessels such as:

• Tour boats
• Fishing boats
• Ferries
• Any vessel out on the water as part of a commercial venture

What Are the Typical Offenses Associated with Boating Under the Influence?

Like DUI offenses, BUI charges may range from simple misdemeanors to severe felonies that result in a prison term. Misdemeanor charges can result from the following violations:

• Failure to yield to the right of way
• Children not wearing life jackets
• Reckless boating
• Speeding
• Non-injury accidents

Misdemeanors become felonies if anyone other than the offender is injured. Even without a violation, law enforcers can arrest you on reasonable suspicions, such as erratic behavior while operating a vehicle.

DUI defense attorneys point out that some BUI offenses can attract state and federal charges, given that some water bodies fall under both jurisdictions. Defending against state and federal charges can be complex, and you would benefit from the legal representation and counsel of experienced San Bernardino DUI defense lawyers.

What are the Penalties for Boating Under the Influence?

Most BUIs are charged as misdemeanors but can escalate into felonies depending on the circumstances. A conviction for BUI charges can have hefty penalties, which depend on whether you’re a first-time or subsequent offender and other factors:

• First-time BUI offense: The penalties for a first BUI are usually a fine of up to $1,000 and up to six months in jail. The penalties also apply if you have a prior BUI conviction that happened over seven years ago.
• Second DUI offense: The penalties include a fine of up to $1,000, a minimum of 96 hours in jail, and mandatory alcohol treatment.

DUI defense attorneys in San Bernardino explain that subsequent offenses can increase the penalties, leading to up to four years in prison and 15 years if the BUI caused the death of another person. You could also have your license suspended and be required to install an ignition interlock device on your car.

How Can I Defend Myself Against BUI Charges?

Once you’re arrested for a BUI, you must contact skilled San Bernardino DUI defense attorneys. They can advise on the immediate steps to protect your rights and prevent the case from worsening. They can also help you formulate a defense strategy if your case goes to trial.

Depending on the case circumstances, they can employ the following defenses:

• You were not under the influence and were just tired from being in the sun
• The BAC chemical test was wrong, or the field sobriety test was improperly administered
• The stop or search was illegal
• The law enforcers failed to give you clear procedures or requirements during the tests
• Violation of your Miranda rights

A Skilled DUI Defense Attorney Providing Legal Counsel on Boating DUIs

It’s essential to stay safe and observe the boating laws when operating a recreational or commercial boat or vessel. Boating under the influence of alcohol or drugs is a violation that could result in legal problems. If you’re facing charges, consult experienced DUI defense attorneys in San Bernardino immediately.

They can assess the case specifics and advise on your legal options. They can also help you create a solid defense strategy to beat the charges. Patrick Silva, Attorneys at Law, is a DUI defense law firm in San Bernardino. Our lawyers have a track record in defending clients with DUI cases, and we can help you, too. Call us at 909-500-4819 for a FREE consultation.