Arrested or cited for a San Diego California BUI – boating under the influence or operating a vessel or watercraft in San Diego Bay, on a San Diego County lake, the Pacific ocean, a local river or other waterway, with an alleged .08 BAC or higher?
BUI or drunk boating penalties are similar to those for San Diego drunk driving or California DUI, including possible jail time, DUI / BUI fines, DUI / BUI programs and driver’s license record ramifications.
BUI or drunk boating is priorable as a California DUI or drunk driving prior. If you have a prior California drunk driving or DUI conviction, it can be used to increase punishment or enhance penalties.
It is important to contact a San Diego California DUI / BUI criminal lawyer as soon as possible.
Sailors, jet skiers, power boaters, fishermen and pleasure seekers on a watercraft probably are aware it is just as illegal to operate a boat or watercraft under the influence as it is to drive under the influence. It is lawful for adult boaters to legally drink or simply have open containers in their vessels as long as the captain or skipper is not .08% or higher (BUI).
You can get in trouble for something as simple as broken navigation lights, equipment violations, turning your boat too fast or aggressively, acting out of control, speeding (making a wake or too fast in a 5 mph zone) around a marina or at a bridge undercrossing, lack of current registration or safety equipment are some reasons a San Diego harbor patrol boat may approach or contact you to determine if you are BUI or impaired.
BUI and drunk boating tactics and defenses include attacking the San Diego California BUI / DUI chemical test, weak BUI investigation, incorrectly giving BUI / DUI field sobriety tests, proficiency lacking in BUI / drunk boating enforcement or testifying, and inability to show beyond a reasonable doubt actual operation while impaired or .08.
BUI or drunk boating charges may be reduced to “serving as a crew member while under the influence of intoxicating liquor, any drug, or combined influence.” The San Diego California DUI / BUI prosecutor may have difficulty proving the defendant was the operator of a vessel with more than 1 person aboard since it is possible to step away from the controls of a vessel for any time period.
BUI Harbor and Navigations Code charges may further be dropped if eligible for a California misdemeanor diversion program. Alternative BUI defense attorney disposition may or may not include taking a boating safety course.