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Posted on November 1, 2021 in OUI
You may know that it is against the law to operate a motor vehicle under the influence of drugs or alcohol in Arizona, but did you know that it is also illegal to operate a boat while intoxicated? Arizona is one of many states that does not allow you to be in actual physical control of a motorized watercraft while under the influence of drugs or alcohol. A conviction for this crime, known as BUI or OUI (operating under the influence), can have serious penalties.
Yes. According to Arizona Revised Statutes Section 5-395, it is unlawful to operate or be in actual physical control of a motorized boat – or another motorized watercraft – while under the influence of any intoxicating liquor or drug. Being in actual physical control of a boat can mean even when the boat is in idle or shut off and anchored.
The law states that if a boater has a blood alcohol concentration of 0.08 percent or higher within two hours of operating a boat from alcohol consumed while on the boat, he or she is also guilty of boating under the influence. This is the same legal BAC limit for motor vehicle drivers, according to Arizona’s driving under the influence (DUI) law.
Arizona takes boating under the influence crimes seriously. Under state law, the penalties for a first-offense BUI are at least $1,250 in fines and a minimum of 10 days in jail (a class 1 misdemeanor). A second offense within 84 months is also a class 1 misdemeanor, but it carries at least $3,000 in fines and a minimum of 90 days in jail.
A third or subsequent offense within 84 months is an aggravated OUI that is elevated to a class 4 felony, with up to $4,000 in fines and a minimum of 4 months in prison. If you are found guilty of extreme BUI (a BAC at or above 0.15 percent), the penalties are more severe.
If you are found by the police to be under the influence of an intoxicating substance while in actual physical control of a boat in Arizona, you may be arrested for suspected BUI or OUI. Like a standard DUI, you will be taken to the local police department for booking, meaning they will take your fingerprints and mugshots. You will most likely have to stay in a holding cell overnight.
At the department, you will have the opportunity to make a phone call. You should generally use this call to contact a criminal defense lawyer or call a family member to hire an attorney for you. Legally, you have the right to have an attorney present when being questioned by the police. Next, you will attend an arraignment hearing, where you will hear the charges against you and enter a plea.
If you file a plea of not guilty, the judge will set a court date for your boating under the influence trial, where your Tempe OUI lawyer can present a defense. Possible defenses to BUI charges in Arizona include no crime committed, wrong defendant and not being in actual physical control of a motorized watercraft. An attorney will personalize a legal strategy for your unique case.
The right boating under the influence attorney in Arizona can help you avoid the most serious consequences of this crime. Your lawyer may be able to negotiate a plea deal, for example, that minimizes the penalties. If this is your first operating under the influence charge, an attorney may be able to convince the prosecutor to reduce the charge from an OUI to a more minor charge, such as reckless boating. Your lawyer may also be able to have the charges against you dismissed or your case acquitted with the right defense strategy.
If you or a loved one has recently been charged with boating under the influence, contact a Tempe DUI defense lawyer at Rosenstein Law Group for a free consultation to learn more about your case. We can be reached 24/7.