Ventura BUI Attorneys

How Does California Define BUI?

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 drugs. 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 § 655(h), the court will assume that you operated the 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 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 boaters. If a non-recreational boat operator has a BAC of 0.04% within three hours of operating the vessel, the court will assume that the operator 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 (j)(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, the 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.

What Evidence is Needed for a BUI Conviction?

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.)

What is Aggravated BUI?

In order to obtain an aggravated BUI conviction, the prosecution must show that you drove a vessel while under the influence of drugs or alcohol. However, aggravated BUI is significantly more serious than a typical boating under the influence charge. In addition to impairment, the prosecution must demonstrate that you broke the law by driving negligently, in addition to boating under the influence.

Boating under the influence alone is not enough to constitute an aggravated charge. Additionally, aggravated BUI must involve personal injury to a third party. Without these elements, the prosecutor cannot construct a convincing aggravated BUI charge.

What Are the Penalties for Boating Under the Influence in CA?

If convicted of BUI, which is typically a misdemeanor, you could face penalties that include:

• Up to six months in a county jail;
• Up to $1,000 in fines;
• And DUI school.

Penalties for Multiple BUI Convictions

Subsequent BUIs are punishable by heightened penalties. For example, punishments for your second BUI conviction within seven years could include up to one year in jail, a $1,000 fine, probation, and a 30-month DUI program.

Penalties for an Underage BUI Conviction

Like underage DUI, California BUI laws have special penalties for minors. If a boater less than 21 years old is found with any measurable amount of alcohol in his/her system, the court could impose a twelve-hour DUI program and a $100 fine.

Penalties for an Aggravated BUI Conviction

Aggravated BUI is punishable by:

• Up to three years imprisonment
• Between $250 and $5,000 in fines
• Probation
• DUI School

Hire a BUI Attorney Today

Lessem, Newstat & Tooson, LLP is committed to providing aggressive BUI defense representation to our clients. Contact our Ventura BUI lawyers today to start building your defense.