DUI Boating | El Dorado County DUI Defense Law Firm

Boating Under The Influence Charges

Harbors and Navigations Section 655 outlaws various offenses related to operating a boat in a dangerous manner or while intoxicated. Subdivisions (b) and (c) are analogous to CVC §23152 (Auto DUI), subdivisions (a) and (b), in that they prohibit operating a boat under the influence of alcohol or with a blood-alcohol concentration (BAC) of 0.08% or more. Subdivision (f) is analogous to CVC §23153(a), outlawing drunk boating with injury. H&N §655.6 is analogous to CVC §23140, except that it prohibits operation of a boat by a person under 21 with a BAC of 0.01% or more.

No DMV APS Action

A drunk boating offense does not result in any DMV/Admin Per Se action under either the excessive BAC statute (CVC §13353.2) or the chemical test refusal statute (CVC §13353). No driver license suspension occurs with a BUI.

No License Suspension

A BUI has no driver license suspension associated with it. However, a BUI will count as a prior offense if you ever get another DUI or BUI within 10 years. This will result in additional punishment in any later DUI conviction.

BUI Counts As A Prior

Drunk boating convictions count as drunk driving priors (CVC §23620)., which means a drunk boating conviction is counted as a prior conviction for both sentencing and DMV purposes if you ever get a DUI or BUI within 10 years of the current offense.

Court Punishment

	1^st Offense	2^nd Offense
Jail	Up to 6 months	Up to 1 year
BUI Program	Boating Safety Course	18 month DUI Program May Be Ordered
Fines	Up to $1000	Up to $1000
Probation	Not Mandatory	Not Mandatory

BUI Defenses

The same issues arise in a boating DUI as in an auto DUI. The state must still prove that you were (1) operating the vessel, and (2) you were either under the influence, or (3) over a 0.08% BAC. The same forensic defenses apply in BUI cases.

You don’t have to plead guilty, contact our office today for a free same day consultation

Because you have so much to lose, you need the most experienced and aggressive BUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 to speak directly to an attorney about your BUI case. We are open 24/7/365 to answer your questions.