Enjoying your boat before
encountering the "boat police" - Harbor Patrol,
Coast Guard or Lake Patrol - in San Diego?
End up your day facing a "BUI" - operating a watercraft,
vessel or boat under the influence and/or with a .08 BAC
or higher?
Drunk boating or BUI can mean stiff punishment comparable
to drivers convicted of California drunk driving or DUI,
including possible jail time, DUI fines, DUI programs and
driver's license record problems.
Drunk boating on a lake, the ocean, a river or other waterway
is priorable as a drunk driving prior. If you have a prior
California DUI conviction, it will be used to increase penalties.
Power boaters, sailors, jet skiers, fishermen and pleasure
seekers on a craft should know it is just as illegal to
operate any watercraft or boat under the influence as it
is to drive under the influence. Although adult boaters
may legally drink alcohol or have open containers in their
vessels, the operator may not be impaired.
Appearing to operate one's watercraft out of control, equipment
violations, speeding, turning your boat perceived as too
fast or aggressively, inoperable navigation lights, lack
of current registration or any required safety equipment
are a number of bases a water cop or patrol boat may stop
or contact you to ascertain if you are impaired or BUI.
BUI or drunk boating defenses and DUI boating defense strategies
include challenging the chemical
test, poor BUI investigation, failure to properly administer
field sobriety testing, failure of discharge of proper investigative
duties in BUI or DUI enforcement, failure to prove actual
operation while intoxicated and failure to prove actual
impairment while operating.
BUI or drunk boating offenses may be dropped to a lesser
offense of "serving as a crew member while under the
influence of intoxicating liquor, any drug, or combined
influence." The drunk boating prosecutor sometimes
has a problem proving the defendant was the actual operator
of the boat or vessel when more than 1 person is on board
as it is possible to move away at any given time from the
controls of a boat.
Optional plea arrangements may include completing a boating
safety course. BUI or drunk boating charges prosecuted under
the California Harbor and Navigations Code may be dismissed
if the accused is determined to be eligible for the misdemeanor
diversion program.
San Diego drunk driving lawyer Rick
Mueller offers a free online
consultation.
