Can I Get a DUI On a Boat?

Once the temperatures start to increase, residents of the Phoenix Metropolitan area have to get creative when thinking of ways to have fun but stay cool. A day on the lake can be made even more appealing by an ice-cold beer or seltzer. But overindulging during a day of boating can come with serious repercussions. If your watercraft of choice doesn’t have a motor, such as a kayak or a canoe, you won’t have to worry about boating under the influence charges. But if your boat has a motor, you need to stay sober. Our defense team is experienced in a variety of DUI and OUI-related charges, and pride ourselves on delivering the best possible results for our clients. We can discuss your unique situation in a 100% free and confidential manner. To schedule your free phone consultation with one of our skilled Arizona defense lawyers, call 480-448-9800.

OUI: Operating Under The Influence

Arizona is strict on boating under the influence just like it is for driving under the influence. However, operating a motorized watercraft while under the influence is given its section in the Arizona Revised Statutes- A.R.S. § 5-395. This section makes it illegal to operate a motorized watercraft in Arizona while under the influence of alcohol or any intoxicating drug, legal or illegal. It also makes it illegal to be in “actual physical control” of a motorized watercraft while impaired. That means a boater doesn’t necessarily need to be driving the boat at the time of the arrest to be charged with OUI. For example, the boater could be sitting in their boat with the keys near the ignition, about to turn on the boat.

BAC Classifications

Many states’ legal limits are set in stone, usually at a bac (blood alcohol concentration) of 0.08. A driver with a BAC over 0.08 is presumed to be drunk and can be charged with DUI. Arizona’s legal limit is a bit more complex. Like many other states, a driver with a BAC of 0.08 or more is considered to be under the influence. However, if someone has a BAC of 0.05 to 0.08, the court will consider the totality of circumstances, meaning it will be up to law enforcement and court discretion to decide if the driver is under the influence. When a driver’s BAC exceeds 0.15, the charge increases from DUI to Extreme DUI. If the driver’s BAC exceeds 0.20, they can be charged with Super Extreme DUI. All of the DUI charges (and parallel OUI charges) described above are misdemeanors. However, several factors can cause an impaired motorist to be charged with felony DUI. A boater charged with 3 OUIs in 84 months can be charged with felony OUI, but the other felony DUI factors won’t apply. Having a passenger under 15 years old can result in felony DUI charges is also an aggravated OUI but carries different penalties.

It should also be noted that if a person within Arizona is operating a commercial watercraft, the legal limit is 0.04. An operator of a commercial watercraft can be charged with OUI for a BAC above that amount.

Defenses Against OUI Charges

Lack of reasonable suspicion
Lack of probable cause
Unreliable chemical test results
Improper chain of custody of evidence
Not under the influence
Denial or alternative of accident reconstruction
Legally prescribed medication and not under the influence
Mistaken identity
Failure to read Miranda rights (statements after arrest)
A medical condition that skewed sobriety test results

Penalties For An Arizona OUI Conviction

Just because you won’t necessarily lose your driving privileges after an Arizona OUI conviction doesn’t mean that you won’t face other serious consequences. There are minimum penalties for an OUI in Arizona, and they will increase if the defendant had a high BAC, has previous OUI convictions, or other factors apply. For a first-time OUI, the minimum jail sentence is 10 days. The maximum fine for a first-time standard OUI is $1,250, although other charges and expenses may apply. The defendant may need to complete a drug and alcohol screening and treatment program or probation. An extreme OUI carries a jail sentence of 30 days and approximately $2,500 in fines. A super extreme OUI carries a jail sentence of 45 days and approximately $2,750 in fines.

If a defendant is convicted of OUI in Arizona a second time, the minimum jail sentence is 90 days. The defendant will also be fined $3,000. The defendant will need to complete the programs as described above, as well as community service. A third OUI can be charged as a felony, which is punishable by a minimum of 4 months in prison. Additionally, someone convicted of felony OUI will lose their watercraft to the state.

Passenger Under 15 Years Old

Being arrested for OUI with at least one passenger under 15 years old is a felony in Arizona. Unlike a third-offense felony OUI, there isn’t a minimum 4-month prison sentence for having a child passenger. Instead, the defendant will receive the same penalties for the underlying charge. For example, if a boater is arrested with a BAC of 0.16 and a 13-year-old passenger, they will be charged with a class 6 felony Aggravated OUI but be penalized as if convicted of a misdemeanor Extreme OUI.

Other Implications For a Felony OUI Conviction

Police and prosecution sometimes have an opportunity to charge an OUI defendant with several other offenses stemming from the same incident or arrest. Some of these include:

Speeding
Reckless/negligent operation of a watercraft
Discharge of oil and other hazardous substances
Obstructing navigation
Overloading
Failure to comply with state and federal auxiliary lighting regulations
Riding on the bow or gunwales
Going faster than reasonable in a no-wake zone

Charges That May Accompany An OUI

Police and prosecution sometimes have an opportunity to charge an OUI defendant with several other offenses stemming from the same incident or arrest. Some of these include:

Speeding
Reckless/negligent operation of a watercraft
Discharge of oil and other hazardous substances
Obstructing navigation
Overloading
Failure to comply with state and federal auxiliary lighting regulations
Riding on the bow or gunwales
Going faster than reasonable in a no-wake zone

Your Phoenix Defense Team For OUI Charges & More

Being arrested for boating under the influence, also known as BUI or OUI, is a big deal in Arizona. Arizona has strict impaired operation laws that require mandatory jail sentences, even if the defendant’s prior criminal record is completely clean. That’s why anyone arrested for OUI in Arizona should take the charges against them seriously and put a great deal of effort into their legal defense strategy. If cost allows, you may want to consider retaining My AZ Lawyers as part of your legal strategy. Whether you are being charged with a misdemeanor or a felony, our skilled lawyers can help you reach a positive resolution. Don’t become a victim of Arizona’s strict laws regarding the impaired operation of motorized watercraft. Contact our firm for your free consultation at 480-448-9800.