Ventura BUI Attorney
Boating Under the Influence in Ventura, CA
The term “BUI” stands for “boating under the influence;” a criminal offense similar to drunk driving. Unlike DUI, BUI does not involve cars; it is restricted to vessels (boats).
Although drinking and driving is typically associated with motor vehicles, boating under the influence is a fairly common criminal charge, but many people are unaware of the legal consequences associated with a BUI conviction; in fact, some people may be unaware that boating under the influence is even a criminal offense. Call us today for legal help!
That’s why the Ventura BUI lawyers at Lessem, Newstat & Tooson, LLP are committed to providing aggressive criminal defense representation to our clients.
California BUI Laws
The California Harbors and Navigation Code § 655(c) states that,
No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood.
Additionally, § 655(f) indicates that it is unlawful to operate a vessel while “under the influence of an alcoholic beverage.” Like DUI laws, BUI laws include drug impairment and the combination of alcohol and drug. Additionally, any person who is addicted to a controlled substance cannot operate a boat, aquaplane, or similar vessel unless he/she is enrolled in a narcotic treatment program.
According to CA Harbors and Navigation Code § 665, the court will assume that you operated boat under the influence if blood, breath, or urine testing indicates that your BAC is over the legal limit (0.08%) three hours after you operated the vessel. This assumption is called a rebuttal presumption and is often used by prosecutors to the obtain BUI convictions.
BUI & Non-Recreational Vessels
The CA Harbors and Navigation Code has special laws that govern non-recreational vessels and BUI. According to § 655(d), it is unlawful for any person to operate a non-recreational vessel with a BAC that equals or exceeds 0.04% – half of the legal limit for recreational boater. If a non-recreational boat operator has a BAC or0.04% within three hours of operating the vessel, the court will assume that he/she was under the influence of alcohol while operating the boat.
BUI Evidence and Prosecution
The California Harbors and Navigation Code indicates that, during a BUI case, chemical testing can be used as evidence against you even if your BAC was under the legal limit. According to § 655(2), the chemical testing may count as evidence against you if, within three hours of operating a boat, your BAC is more than 0.05% but less than 0.08%.
In this situation, prosecution can argue that you were under the influence of alcohol. However, the court will not assume that you were impaired. If your BAC is less than 0.05% within three hours of operating a vessel, the law assumes that you were not under the influence of alcohol during the alleged offense. This evidence must be substantiated by chemical testing.
BUI and DUI investigations are very similar. In order to obtain a BUI conviction, prosecutors typically rely on the following evidence:
- Driving pattern (swerving, speed, etc.)
- Chemical testing (blood, breath, or urine tests)
- Field sobriety tests
- Physical appearance (slurred speech, watery eyes, balance, etc.)
