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OUI – BOATING UNDER THE INFLUENCE

Arizona’s beautiful weather provides residents with many opportunities for recreational activities in the water. If drinking alcohol is part of your plan for  enjoying boating, jet skiing, riding a WaveRunner, or operating other personal motorized watercraft, be aware that Arizona DUI laws apply to boating under the influence. 

BUI, (Boating Under the Influence), and OUI (Operating Under the Influence) are charges which carry serious penalties similar to Arizona DUI consequences.

Always consult with an expert in Arizona DUI law if you are arrested for a DUI, BUI, or OUI in AZ. MyAZ Lawyers DUI attorneys represent clients in Arizona facing serious penalties of a DUI conviction. Our legal team offers complete and experienced legal representation and criminal defense for DUI charges. Contact our firm to schedule a free consultation to discuss the specifics of your case.

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MOTORIZED WATERCRAFTS

The Arizona BUI or OUI statute states that a person can be charged with OUI or BUI when in actual physical control of any type of motorized watercraft. In Arizona, when the operator of a motorized watercraft is impaired to the slightest degree by alcohol, marijuana, or other drug, he or she may be arrested for BUI.By definition in the law, a motorized watercraft basically includes any type of watercraft that uses machinery for a propulsion system. Basically, this means if you are slightly impaired and are operating a motorboat, including most types of personal watercrafts, an officer can make a BUI arrest.

BOATING WHILE INTOXICATED ARRESTS IN ARIZONA

An OUI arrest is issued when a person operating a boat or personal motorized watercraft is under the influence of alcohol or intoxicating drug. An OUI is similar legally in many ways to a DUI in Arizona (Driving Under the Influence). OUI and DUI charges, legal defenses, and penalties are similar.

ALCOHOL OR DRUG IMPAIRMENT WHILE BOATING

A boating accident that occurs wile under the influence can include other criminal charges including OUI. Boating DUI or related charges requires assistance by an experienced DUI and OUI attorney with knowledge in the Arizona law. My AZ Lawyers criminal defense legal team offers Arizona’s best DUI legal defense. Our law office has successfully defended clients against criminal charges including OUI. Schedule a free consultation with an attorney in order to discuss your specific case.

ARIZONA DUI and OUI FREQUENTLY ASKED QUESTIONS

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OUI BOATING UNDER THE INFLUENCE FAQs

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Answer:

Because Arizona’s BUI laws mirror its DUI laws, the answer is yes. If you are convicted of DUI or BUI (first-time) you are facing penalties such as jail time and fines.

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Answer:

An OUI conviction in Arizona does not result in losing driver’s license privileges.

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Answer:

Arizona’s open container law prohibits anyone from having an open container of alcohol within the passenger compartment of a motor vehicle. 

Passengers in a watercraft are allowed to have an open container, but the operator may not. It is possible for the operator of a motorized watercraft with an open container to face a Class 2 misdemeanor conviction.

There are exceptions to the open container law for passengers in taxis, tour busses, and limousines, however.

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Answer:

Just like if you were driving a car, state and federal law enforcement officials may pull over a boat operator on suspicion that the person is under the influence while driving the boat.

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Answer:

It is wise to politely decline these tests, however it could result in an automatic suspension of boating privileges for refusing to submit to a blood alcohol test.

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Answer:

“Impaired to the slightest degree” is the definition of “Under the Influence” under the OUI law in Arizona. Basically, an operator of a motorized watercraft with a BAC (blood alcohol content) of 0.08 or higher, is an OUI offender according to the law.

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Answer:

Arizona Revised Statutes § 5-395 is the law regarding impaired operation of a motorized watercraft in Arizona. This law makes it illegal to “operate or have actual physical control” of a motorized watercraft while under the influence of an intoxicating substance. For the purposes of this statute, a BAC of 0.08 or more creates a presumption of intoxication. A driver can be considered intoxicated taking into account the totality of the circumstances if their BAC is 0.05-0.08. The legal limit for the operator of a commercial watercraft is 0.04. It is also illegal to operate a motorized watercraft while under the influence of drugs- a legal prescription for a drug can be a defense against such charges, but the defendant must have still not been impaired.

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WHAT ARE THE PENALTIES FOR AN OUI?

The consequences for an Arizona OUI are almost identical to those for Arizona DUIs. An OUI conviction recognizes levels of offenses similar to a DUI. Penalties for a conviction include:

REGULAR OUI 

BAC -blood alcohol content-  .08%  – .150%

  • Minimum (10) ten days jail sentence
  • Offender be ordered to perform community work service
  • $1,250 Minimum Fine
  • Court-ordered alcohol or other drug counseling and screening

SUPER EXTREME OUI

BAC -blood alcohol content-  above .200%

  • Minimum 45 days jail sentence
  • Minimum Fine of $2,750
  • Possible court-ordered  community service / restitution
  • Court-ordered alcohol or other drug counseling and screening

AGGRAVATED (FELONY) OUI:

  • A third OUI in 7 years is a Class 4 Felony – up to 3.75 years prison.

DUI vs. OUI

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DUI in the water on a boat is as serious as a DUI on the road in a vehicle. Operating a motorized watercraft while impaired in Arizona results in 15% of boating fatalities.

It is a crime to be “impaired to the slightest degree” while in physical control of a boat or other motorized watercraft. Similar to a DUI, a person with a blood alcohol content of 0.08 or greater will be charged with OUI.

Boating under the influence is not limited to alcohol. OUI, Operating Under the Influence, include impairment caused by using drugs or marijuana. Like Arizona’s DUI law, consumption of alcohol or drugs that impair driving can lead to an arrest.

Arizona has a low tolerance for BUI and OUI. Officials are looking for intoxicated boaters. Much like drivers on roadways, boat and personal watercraft operators are subject to saturation patrols and sobriety checkpoints. The Arizona Game and Fish Department in conjunction with the Sheriff’s office use these tools in order to identify OUI offenders and keep Arizona lake and rivers safe.