It is important for recreational boaters to understand that operating a vessel under the influence of alcohol or drugs is a serious crime. When a person is being investigated for boating under the influence, the investigators will use many of the same tests used in DUI / DWI investigations. These tests include chemical tests and field sobriety tests. Given that boating under the influence of alcohol is crime, a person accused of doing so should contact a California criminal defense attorney who has experience defending people accused of boating under the influence.
In California, the responsibility for enforcing the boating laws falls upon approximately 150 state and local agencies. Any officer of these agencies is authorized to investigate boaters who may be under the influence of alcohol or drugs. When an officer of one of those agencies has a reasonable belief that a boater is under the influence, the officer can require the person operating the boat to submit to a chemical test. The chemical test can be either a test of the boat operator’s blood, breath, or urine.
California drivers are subject to California’s implied consent law. The implied consent law requires a driver who has been arrested for drunk driving to submit to a chemical test. Refusal to submit to a chemical test will result in additional penalties. The prosecutor in the case may also present the refusal as evidence of consciousness of guilt. All of these rules apply to boating under the influence. Due to the similarities, a DUI / DWI attorney with the right experience is capable of defending BUI / BWI charges too.
Regarding the chemical tests, although an accused boater has a choice of a blood, breath or urine test, when the driver is suspected of being under the influence of drugs, the investigator will insist on a blood or urine test. That is because the breath test does not help in determining whether a person is under the influence of drugs.
An officer investigating a boating under the influence case may require the operator to perform a field sobriety test, such as the walk and turn test or the ABC test. Just as in a case for driving a car while intoxicated, the arresting police officer will be observing the boater’s behavior before, during, and after arrest and will make a written record of any such observations. This information will be used later to justify the arrest and to provide evidence for a court case.
Many BUI / BWI investigations are prompted by a person falling overboard, a collision, or another type of accident. In the event of an accident or a person falling overboard, especially one causing injury or death, investigators will interview witnesses and passengers in the boat and will take photographs, measurements, and other physical evidence.
The potential punishments for boating under the influence can be very harsh. It is critical to seek the help of a qualified criminal defense attorney. A California attorney experienced in defending BUI / BWI cases can advance an aggressive defense to the charges, and may keep any negative consequences to a minimum.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.