San Diego Boating Under the Influence Laws
B
y operating a boat, vessel, or personal watercraft, including waterskis, intertubes, et. al, on San Diego County waterways, you are automatically agreeing to San Diego's "implied consent" laws for chemical testing of alcohol or drugs. In California, refusal to submit to a chemical test can result in the loss of boating AND privileges, in addition to any other applicable DUI penalties, and may also include mandatory enrollment in a San Diego DMV approved Boating Safety Course.
California Boating DUI Laws
1. No person shall operate any boat, vessel, personal watercraft, water skis or similar device, while under the influence of alcohol or drugs.
2. If you are charged with operating a boat or recreational water vessel while under the influence, the California Department of Motor Vehicles may suspend, restrict, or revoke your driver's license. A boating under the influence conviction in California will appear as a DUI on your driving record and will typically result in a loss of boating and watercraft operation privileges.
3.No adult 21 years of age or older shall operate any boat, vessel, personal watercraft, water skis, or other watersport device with a Blood Alcohol Content of .08% or above. In some cases, California Boating Laws allow for a minimum BAC of .05% but less than .08% to be used with other evidence in determining whether the person was under the influence of alcohol while boating.
4.No person under 21 years of age may operate a boat, vessel, personal watercraft, water skis or other watersport device with a Blood Alcohol Content of .01% or above. In addition to California Minor Under 21 DUI enhancement penalities and Zero Tolerance laws, Minor DUI Boating punlshment may include an additional DUI fine of up to $250, mandatory participation in an alcohol or chemical dependency treatment program, community service, and drivers license suspension or revocation.
San Diego BUI - Boating Under the Influence Lawyer
Depending on the circumstances and facts surrounding your BUI arrest, an experienced and skilled defense attorney may be able to successfully contest or plea bargain your case and/or penalties. In many Boating DUI cases, a knowledgeable and aggressive DUI attorney can succeed at challenging the Coast Guard arrest reports and the prosecution's case to prove who was actually operating the boat.
Field Sobriety test results for Boating DUI charges are typically easier to challenge due to external elements such as motion, sea legs, surface, weather, water conditions, movement, etc. In San Diego, Boating DUI is considered no less serious of a crime than driving a motor vehicle while under the influence, and carries even more repercussions.
John E. Dui is THE top DUI Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 1-800-522-6700 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.