Boating Under the Influence (BUI) – Harbors & Navigation Code 655
A lot of times people don't realize that drinking alcohol and driving a boat can be a real 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 really darn close to the same as driving an automobile with alcohol. You're going to be facing 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.
They're usually bad 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 all sorts of other crimes depending on how your behavior was out on the water.
A huge percentage of boating accidents and fatalities are linked to alcohol. In other words, when you're out there operating a motor vehicle, there's people swimming and people operating other vehicles out there, you're in a position where having alcohol — which of course affects your judgement and ability to be safe on the water — is gonna be amplified with all that activity going on around you.
Probably even more so than with automobiles, which people are a little bit more used to dealing with out on the road even if they have alcohol in their system. Boating, on the other hand, is a different and obviously, more dangerous situation.
So, if 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, you're going to want to get an attorney obviously, who has handled these type of cases before, is familiar with them and sometimes there's some different issues that come up in these type of cases versus cases where automobiles are involved.
The penalties can typically be probation — usually it's a three-year probation — and then there's usually a $390.00 fine, plus a penalty assessment, so it's usually about $2,000.00, and then there's other penalties such as an alcohol program that can be inflicted upon you by the prosecutor and the judge.
Legal To Drink Alcohol on a Boat If 21 Years Old
Another interesting point and another interesting that comes up in these boating-related issues has to deal with whether you can even drink at all in a boat and the answer is, you can drink on a boat. Obviously, in order to do so legally, you have to be at least twenty-one years old.
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 all of a sudden be 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 a ski and you're going to pull them, then you obviously don't want to drink because you can get caught drinking and driving.
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 actually operating that boat and if they think that you're operating 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 all sorts of 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.
Usually though, where I see people getting in trouble is they're driving under the influence and then become involved in some sort of 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 what the cause of the accident was.
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 start 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.