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Under the Influence | California DUI California Criminal Law – Boating Under the Influence (BUI)
Boating is an activity that many people engage in for fun and recreation. It’s the kind of activity people associate with summer days at the beach or lake. People also associate alcohol with summer days by the waterfront. The problem is that when alcohol and boating mix, people can get injured. Boating under the influence of alcohol or drugs is a criminal offense that carries serious punishment for guilty offenders. The penalties include jail time, alcohol education classes, fines, and other penalties. A qualified California DUI / DWI attorney is capable of handling cases involving boating under the influence.
The California Harbors and Navigation Code provides the laws regarding boating under the influence. The code defines being under the influence as having a blood alcohol content (BAC) of .08 percent for a recreational vessel and .04 percent for a commercial craft. The statute sets a zero-tolerance for craft such as aquaplanes and water skis. The zero-tolerance policy means that any trace of alcohol is illegal when operating these craft.
Boating under the influence can be many times more dangerous than driving under the influence of drugs or alcohol. People drive every day and are well practiced at it. When it comes to boating however, many people might drive a boat a couple times a year. Such a person is far from an expert boat driver. For that same person to be drunk and boating is extremely dangerous.
Another important distinction between driving and boating is that driving takes place most commonly on roads that are fairly wide and stable. Boating takes place out in the ocean where the tides and winds can change in an instant. If a person is drunk, they will not be fast enough to respond properly to the changing circumstances. In fact, statistics from the United States Coast Guard show that in boating deaths involving alcohol use, over half the victims capsized their own boats and/or fell overboard.
Furthermore, boats, by their very nature, are inferior to cars in their ability to steer and to brake. Given that the typical boat operator spends only a few days a year on the water, they are typically not expert at handling the different problems that boaters encounter from time to time. When the hot sun and alcohol have had their say, an impaired person at the helm of a boat may be in bad shape and will be putting everyone aboard and nearby in danger.
As in cases of driving a car under the influence, the potential penalties for boating under the influence are very harsh. It is important to seek the help of a qualified criminal defense attorney. A California attorney experienced in defending BUI / BWI cases can launch an aggressive defense to the charges, and keep any negative consequences to a minimum.
