Cited for boating under the
influence or operating a vessel or watercraft on a San Diego
County lake, the ocean, a river or other waterway with a
.08 BAC or higher?
DUI or Drunk boating carries
significant penalties similar to those for drunk driving
or DUI, including possible jail time, DUI fines, DUI programs
and driver's license record problems.
Drunk boating is priorable as
a drunk driving prior. If you have a prior drunk driving
conviction, it can be used to enhance punishment.
Jet skiers, power boaters,
sailors, fishermen and pleasure seekers on a craft should
know it is just as illegal to operate a boat or watercraft
under the influence as it is to drive under the influence.
However, it is okay for adult boaters to legally drink or
simply have open containers in their vessels.
Turning your craft too fast
or aggressively, inoperable navigation lights, acting out
of control, equipment violations, speeding (e.g. in a 5
mph zone) around a marina or at a bridge undercrossing,
lack of current registration or safety equipment are some
reasons a patrol boat may stop or contact you to try and
determine if you are impaired or DUI.
DUI boating defenses and drunk
boating strategies include attacking the chemical test,
poor DUI investigation, failure to properly administer a
number of field sobriety tests, lack of proficiency in DUI
enforcement or testifying, failure to prove actual operation
while impaired, etc.
Drunk boating offenses can
be reduced to "serving as a crew member while under the
influence of intoxicating liquor, any drug, or combined
influence." The prosecutor often has difficulty proving
the defendant was the operator of a vessel with more than
one person aboard since it is possible to move away from
the controls of a vessel for any period of time.
Harbor and Navigations Code charges
may also be dismissed if you are eligible for the misdemeanor
diversion program.
Alternative disposition may or
may not include taking a boating safety course.
