Boating Under the Influence (BUI) – Harbors & Navigation Code 655
Often, people don't realize that drinking alcohol and driving a boat can be a really big problem.
In California, the legal limit is the same for driving an automobile — a .08 or greater — if you're behind the wheel of a boat, and if the Coast Guard or Sheriff or anybody gets their hands on you, they're going to arrest you and charge you with a BUI – boating under the influence of alcohol – under California Harbors & Navigation Code 655.
So, it's darn close to the same as driving an automobile with alcohol. You're going to be facing substantial fines. You're going to be facing jail time or prison time depending on what happened, and a lot of these boating accidents that I've represented people in.
There are usually dire implications because if you run somebody over and seriously injure them or kill them, you can be charged with assault with a deadly weapon and other crimes depending on how your behavior was out on the water.
A considerable percentage of boating accidents and fatalities are linked to alcohol. In other words, when you're out there operating a motor vehicle, people are swimming. People are using other cars out there; you're in a position where having alcohol — which, of course, affects your judgment and ability to be safe on the water — is going to be amplified with all that activity going on around you.
Probably even more so than with automobiles, which people are a little more used to dealing with without being on the road, even if they have alcohol. On the other hand, Boating is a different and obviously more dangerous situation.
So, suppose you're in a position where you are arrested because you were behind the wheel of a boat, and you're charged with boating under the influence. In that case, it's crucial to seek an attorney who has handled these types of cases before and is familiar with them. The legal issues that arise in these cases can be quite different from those involving automobiles. Your attorney will guide you through the legal process, which may include a court appearance, plea bargaining, and potential penalties.
The penalties can typically be probation—usually, it's three-year probation—and then a $390.00 fine, plus a penalty assessment, so it's usually about $2,000.00. Then, there are other penalties, such as an alcohol program inflicted upon you by the prosecutor and the judge.
Legal To Drink Alcohol on a Boat If 21 Years Old
Another interesting point raised in these boating-related issues concerns whether you can drink at all on a boat. The answer is yes, you can sip on a ship. However, you must be at least 21 years old to do so legally. This is the same legal drinking age as on land, and it's important to remember that just because you're on a boat, if you're under the age of twenty-one, you're not suddenly able to drink alcohol. Underage drinking on a boat is a serious offense and can lead to legal consequences.
It certainly doesn't make any sense that just because you're on a boat, if you're under the age of twenty-one, somehow you're suddenly able to drink alcohol.
Passengers on the boat can drink, but if you're going to get behind the wheel at any time, or if you're in a position where the other party might want to get on ski, and you're going to pull them, then you must exercise caution. Drinking and driving, even on a boat, can have serious legal consequences.
One big thing that I've seen as a boater is that, especially during holidays, the sheriffs will put a boat in the water at busy locations, and they're looking for people drinking and driving. They have binoculars.
If they see you drinking and driving, they're going to look at how you're operating that boat, and if they think that you're using it unsafely, they're going to pull you over.
It's usually a yellow sheriff's boat out in the water, but they can come in different crafts. They just put their lights and sirens on it, and they can pull you over.
Boating Accidents Trigger a BUI Investigation
Another way, some of these bodies of water have local patrols, and they can come in and stop you. They can call out the sheriffs to come and arrest you if they think that you're driving under the influence. These local patrols play a crucial role in enforcing BUI laws, and their presence on the water should serve as a reminder to all boaters to operate their vessels responsibly and soberly.
Usually, though, where I see people getting in trouble is driving under the influence and becoming involved in a boating accident.
That triggers law enforcement and the officials who are on a lake or body of water to come in, and now they're going to be looking at the cause of the accident.
Why did the boats crash? Why did you run over that person who was in the water? Once they start to do that, they're going to look to see if you're drinking alcohol if you're under the influence, and they may get law enforcement involved if they're not law enforcement themselves.