Law Offices of Virginia L. Landry Articles Boating under the Influence is against the Law

Boating Under the Influence is Against the Law

By The Law Offices of Virginia L. Landry  Mar. 9, 2011 3:17p

California’s BUI laws are similar to the State’s DUI laws, however, they vary slightly. Boating under the influence is also referred to as BUI, DUI boating and boating DUI. BUI’s may not have received the same amount of media attention as DUI, but the criminal consequences are very serious if you get convicted. Boating under the influence is criminalized under California Harbors and Navigation Code 655. This section outlines the laws pertaining to operating a boat while drinking alcohol. Under Harbors and Navigation Code 655b, it is against the law to operate a boat, water skis, an aquaplane, jet skis or similar equipment while you are under the influence of alcohol and/or drugs. A BUI conviction will involve fines, jail or prison time and, participation in an alcohol/drug education program (aka California DUI school).

As in California’s DUI law, it is illegal to operate a boat or watercraft with a BAC of .08% or greater. For minors, like California’s zero tolerance policy, it is against the law for a minor to operate a boat or water craft with a BAC of 0.01% or more. The only exclusions include self-propelled water craft such as canoes, kayaks, paddle boats etc. As long as the boat or watercraft has a motor, you can be arrested for BUI. If you have been arrested for BUI, you should contact a DUI attorney right away.

The one significant difference between BUI law and drunk driving law is that you are allowed to have an open container of alcohol on your boat. Passengers are allowed to drink alcohol on the boat; however you are violating the law if you operate your boat while you are under the influence.

San Diego BUI Defense Attorney

If you have been arrested for BUI in San Diego or the surrounding areas, it is essential that you contact a San Diego BUI defense lawyer at the Law Offices of Virginia L. Landry. If you are convicted for BUI, you are facing heavy fines, jail or prison time and a permanent criminal record. We understand that innocent people are arrested all the time for BUI. As in our DUI cases, we will thoroughly investigate the charges against you and challenge any evidence in an effort to get the charges against you reduced or dropped altogether.

Contact a San Diego BUI defense attorney from our firm for a free initial consultation.

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