Boating Under the Influence (BUI) in San Diego: What to Do If You’re Arrested
If you enjoy boating in San Diego’s Mission Bay, San Diego Bay, or along the coast, it’s important to understand the serious consequences of being arrested for boating under the influence (BUI). Just like with a DUI, operating a boat while intoxicated in California can result in arrest, fines, a criminal record, and even jail time.
This guide explains how San Diego law enforcement handles BUI charges, what to expect if you’re stopped on the water, and how a San Diego BUI lawyer can help protect your rights.
What Is Boating Under the Influence in California?
Under California Harbors and Navigation Code §655, it’s illegal to operate a boat, Jet Ski, or other watercraft while under the influence of alcohol or drugs. A person is considered under the influence if:
- Their blood alcohol content (BAC) is 0.08% or higher, or
- Their mental or physical abilities impair them to the point that they cannot operate a vessel safely
Just like with DUI laws on land, law enforcement doesn’t need a BAC result to arrest you. If officers believe you’re impaired—based on your behavior, coordination, or the presence of alcohol—they can charge you with BUI on the spot.
Where Do BUI Arrests Happen in San Diego?
BUI arrests are most common in:
- Mission Bay
- San Diego Bay
- Shelter Island and Harbor Island marinas
- Ocean access points near Point Loma and Coronado
Enforcement agencies include:
- San Diego Harbor Police
- California State Parks rangers
- San Diego Lifeguards
- U.S. Coast Guard
These agencies frequently conduct boating safety inspections, particularly on weekends, holidays, and during events like the Big Bay Boom, Labor Day, and Opening Day at the Del Mar Races.
What Triggers a BUI Stop?
Boating under the influence arrests often begin with minor violations or safety checks. Officers may stop you for:
- Speeding or creating a wake in no-wake zones
- Operating without proper navigation lights
- Having too many passengers or an unbalanced vessel
- Loud music or alcohol visible on board
Once stopped, they may observe your behavior, ask questions, and check for signs of impairment. If they suspect you’ve been drinking or using drugs, they can request field sobriety tests and a preliminary breath test.
What Happens After a San Diego BUI Arrest?
If arrested for BUI, you may be:
- Taken to shore for booking
- Given a notice to appear in San Diego Superior Court
- Subjected to a chemical test (breath or blood)
Unlike a DUI, a BUI usually won’t trigger a driver’s license suspension, but it still carries criminal consequences.
First-offense BUI penalties in San Diego may include:
- Fines of up to $1,000
- Probation and required boating safety classes
- Jail time (especially if injuries or accidents occur)
- A permanent criminal record
If your BAC is over 0.15%, or if someone is injured, your case may be charged more aggressively—with the possibility of jail time or even felony prosecution.
Can You Refuse a BUI Breath or Blood Test?
Once arrested, California’s implied consent law applies. You must submit to a chemical test or face enhanced penalties. Refusing a test could make your case harder to defend and may result in longer jail sentences or increased fines.
Defending a BUI Charge in San Diego
An experienced San Diego DUI and BUI lawyer can evaluate your case for:
- Improper vessel stop or boarding
- Inaccurate breath or blood test procedures
- Unreliable field sobriety tests (often performed on moving or rocking boats)
- Lack of proof that you were operating the boat
It’s also important to note that most boats lack surveillance cameras, so you can challenge officer claims more effectively in court.
If you’ve been charged with BUI on Mission Bay or San Diego Bay, contact a defense attorney who understands local enforcement patterns and knows how to build a strong defense.
Don’t Let a Boating Mistake Turn into a Criminal Record
Whether you were pulled over after a party cruise, a fishing trip, or a family outing, you still have rights. A BUI charge in San Diego is serious—but with fast action and the right legal defense, you may be able to avoid jail time, reduce charges, or keep the incident off your record entirely.
Contact San Diego DUI lawyer, Rick Mueller, today for a free consultation. His proven track record throughout San Diego County can help guide you through the process every step of the way.
Boating Under the Influence (BUI) in San Diego: What to Do If You’re Arrested