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What Is A Boating DUI?
Many locals and visitors in Arizona take advantage of the beautiful weather by taking boats and other motorized water crafts on lakes and rivers. Sometimes alcohol is part of the fun on the water, but operating a water craft under the influence is dangerous and illegal.
A BUI (Boating Under the Influence) conviction carries penalties similar to those for a DUI in Arizona. If you have been charged with BUI, you will face fines and jail time. Operating a watercraft under the influence is a serious offense, and you need the legal representation of an experienced BUI attorney in Arizona. Much like DUI, a conviction could jeopardize your professional, personal, family, and financial future.
Arizona BUI – Boating DUI Laws in Arizona
A BUI arrest happens when the operator or a watercraft has a BAC, or blood alcohol concentration, of 0.08 or higher. The operator who is in actual physical control of the watercraft consumed alcohol either before or while operating the watercraft may be charged with a BUI.
BUI Checkpoints in Arizona
In order to ensure safety on Arizona’s lakes and rivers, local officials are on the look-out for boating DUI offenders. Wardens from Arizona Game and Fish Department and other agencies in Arizona do patrol Arizona lakes heavily from March through September. These are the peak months when Arizona residents participate in water activities such as boating, tubing, wakeboarding, and waterskiing. Some lakes in Arizona popular for water recreation include Lake Havasu, Bartlett Lake, Saguaro Lake, and Lake Pleasant. Contact our Tucson DUI Lawyers if you require BUI or boating DUI legal defense and expert representation.
It is during this time that officials conduct saturation patrols and OUI / BUI checkpoints. In fact, the Arizona Game and Fish Department do have the same authority as the police, as they are licensed Arizona peace officers. AZ Game and Fish may issue citations, arrests, and investigate criminal behavior.
Why We’re Arizona’s Preferred BUI Attorneys
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Best DUI Attorney In AZ
Boat DUI and BUI Defense Lawyers in Arizona
Contact My Arizona Lawyers if you have a BUI arrest. Respected attorneys experienced in Arizona DUI laws will propose a defense for you specific case. Allow us to assist in your legal representation; a BUI in Arizona carries the same severe penalties as a DUI. Call us if you get a Boat DUI and let our expert legal team help defend your charges.
Possible defenses available in your specific case will depend on the circumstances of the arrest. Often in BUI cases, our experienced AZ DUI attorneys will challenge forensic evidence such as the breathalyzer and/or blood tests. Experienced lawyers help clients by identifying mistakes that may result in invalid results, thus causing them to not be admissible. Also, the manner of your arrest may be challenged. Possibly the arresting officer was not on a saturation patrol, or have probable cause to stop your boat. That’s where our team of DUI attorneys and legal staff may be able to build a defense in your particular case.
My AZ Lawyers have assisted clients in Arizona defending criminal cases, DUI, BUI, and OUI. Our attorneys challenge the evidence and use their knowledge of the law to attaint he best possible outcomes for each case.,
Accused of Boating Under the Influence?
Reach Out to Our BUI Lawyers
Understanding BUI Penalties and How Our Attorneys Can Guide You Through the Consequences
Arizona takes drinking alcohol while driving a boat very seriously and imposes hefty consequences. When you’re accused, you might wonder what the potential penalties will be. At our law firm, we can guide you through all of the potential penalties you could be facing for your specific case and will help you understand strategies that can reduce or even dismiss these penalties. Contact us today to get started!
What To Do If Arrested For Boating Under The Influence In Arizona
Keep Your Boating License & Registration Accessible
Whenever you’re operating a boat, you should always have your boating license and registration easy to access. This is especially important if you are stopped for drinking and operating as it will make the process smoother and help prevent additional accusations. If you are stopped, calmly present the license and registration and politely cooperate with law enforcement.
Know Your Rights On Sobriety Tests
In Arizona, you have a right to refuse field sobriety tests. This can be advantageous as they can produce false results and are rather subjective. If you refuse, you may be required to do a chemical test, which can be more accurate. However, refusing a field sobriety test could be used as evidence against you. Contact your attorney if you refuse a test for your next steps.
Disclose Relevant Medical Conditions
It is important to let the law enforcement officer know of any medical conditions that could impact your results on a field sobriety test. If you have vertigo, epilepsy, low blood sugar, or some other condition, it could affect your test. Telling the officer about it will help them take it into consideration so that you are not unfairly judged for being intoxicated when you are not.
Decline The Preliminary Breathalyzer Test
If given a preliminary breathalyzer test, our lawyers typically recommend that you refuse. The breathalyzer test is optional in Arizona, but often suggested by law enforcement to give them probable cause to arrest. If you take the test and the results are above the legal limit, it will be used against you in court, even though the test is not definitive. Refusal means you won’t have it as evidence against you.
Contact Our BUI Attorneys For Legal Support
It is always important to remember to contact our BUI attorneys at My AZ Lawyers as soon as you are accused of operating a boat under the influence. We will make sure your rights and freedoms are protected and will coach you on what to say and not say for a favorable outcome. Don’t wait for legal representation, reach out to us today and experience some of the best defense in the area.
Defenses Against Boating DUI Charges
Lack of Probable Cause for the Stop
Law enforcement can only stop you if they have probable cause. If you were stopped for no apparent reason, detail this information to your lawyer who can use it as a strong defense in your case.
No Evidence of Intoxication or Impairment
While it would be nice to believe that nobody is ever falsely accused of intoxication or impairment, it does happen. Our lawyers are prepared to fight for your freedom to ensure you do not face charges you do not deserve.
Not in Control of the Watercraft
If you were accused of a BUI, but you were not in control of the boat, you could use this information as a defense. Our lawyers will work hard to find the evidence necessary to employ this defense in your case!
Invalid Field Sobriety or BAC Test Results
Field sobriety tests are not always accurate and can be used as evidence against you. A lawyer will look into whether or not the test was valid and if not, can use this knowledge as a defense that could reduce or dismiss your charges.
Boat Patrol Officer Misconduct
Boat patrol officers are not above the law and if there is misconduct during an arrest, record the actions and let your lawyer know. This defense can help reduce charges and penalties and even dismiss charges altogether.
Violation of Constitutional or Miranda Rights
Throw out certain evidence that was collected during a violation of your rights. Rights violations are serious and your lawyer can help you make sure your rights are protected every step of the way. Contact us today for a consultation.
Outside the Officer’s Jurisdiction
Our lawyers can create a solid defense if it is found that the arresting officer was outside of their jurisdiction. We will work hard to find the evidence necessary. With a track record of success, you can count on our lawyers for the best possible outcome.
Arizona BUI Defense
After a BUI or OUI arrest in Arizona, there are several strategies our AZ Boat DUI Attorneys use to defend against boating DUI charges. Contact our criminal defense team and fight your OUI. Our reputable law firm and experienced Arizona BUI and DUI lawyers will be able to provide the best defense for your particular BUI case.
- No probable cause
If an officer makes an arrest with no probable cause, the arrest and charges may be invalid. An officer must have a probable cause to judge that a person operating a watercraft is under the influence of alcohol or other substance. Also, this defense is valid if a BAC, Breathalyzer, or field sobriety test was administered improperly.
- No reasonable suspicion
You may believe that an officer stopped you with no reasonable suspicion. This may be due to an officer’s beliefs relating to race, age, religion, gender, sexual preference, or physical looks. Often this defense is used to invalidate a BUI conviction because the officer did not have legitimate suspicion for an arrest.
Other defenses for a BUI conviction may include:
- Illegal search and seizure.
- Violation of Miranda Rights
- Forensic flaws in your particular case
Frequently Asked Questions About BUI
Read Our Blog & Learn More About BUI Defense
At My Az Lawyers, we want you to be as informed as possible which is why we provide a blog that includes a variety of subjects related to DUI defense. Check it out today on our website!
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