Los Angeles DUI Boating Attorney

Many people mistakenly believe that California's driving under the influence (DUI) laws only apply to vehicles on roads and highways. However, these laws extend to waterways as well. Operating a boat, jet ski, or any other type of watercraft while under the influence of alcohol, drugs, or a combination of both, known as Boating Under the Influence (BUI), is a serious offense in Los Angeles and throughout California. An experienced Los Angeles DUI lawyer will guide you through the relevant legal framework, potential penalties, and defense strategies in your case.

The primary law governing BUI in California is Harbors and Navigation Code Section 655. This statute outlines the specific prohibitions and blood alcohol concentration (BAC) limits for operating a vessel while impaired.

Subsection (b) of this code section makes it unlawful for any person to operate a vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of alcohol and drugs. This means that even if your BAC is below the legal limit, you can still be charged with BUI if your ability to operate the vessel safely is impaired.

Subsection (c) further specifies that it is illegal to operate a recreational vessel with a BAC of 0.08 percent or higher. This mirrors the legal BAC limit for driving a car in California under Vehicle Code Section 23152(b).

For commercial vessels, subsection (d) sets an even stricter BAC limit of 0.04 percent or higher. This reflects the higher responsibility placed on those operating vessels for commercial purposes.

Law enforcement agencies, including local police, sheriffs, and the U.S. Coast Guard, actively patrol waterways to ensure safe operation. They may stop a vessel if they observe unsafe behavior, such as speeding, erratic navigation, right-of-way violations, or equipment violations (e.g., not having enough life jackets or proper registration).

Once a vessel is stopped, officers may conduct field sobriety tests similar to those used in roadside DUI investigations. They can also administer preliminary alcohol screenings (PAS) using breathalyzers and may request a blood or breath test if they have probable cause to believe the operator is under the influence.

While BUI occurs on water and DUI on land, the investigative and prosecutorial approaches share many similarities. Law enforcement officers look for common signs of impairment, such as slurred speech, bloodshot eyes, coordination difficulties, and the smell of alcohol. If a boater exhibits these signs or fails field sobriety tests, they may be arrested and asked to submit to a formal chemical test to determine their BAC.

A significant aspect of BUI law is its "priorable" nature. A conviction under Harbors and Navigation Code Section 655 can be used as a prior offense in a subsequent DUI case (within ten years), leading to more severe penalties for the later DUI. Conversely, a prior DUI conviction can also enhance the penalties if a person is later charged with BUI.

One common misconception is that because alcohol is often present during boating activities, it is acceptable to operate a vessel after having a few drinks. While open alcohol containers are generally allowed on boats in California, operating a boat while impaired is illegal.

Another misunderstanding is that law enforcement is more lenient on waterways. In reality, patrols on lakes, coastal areas, and rivers take impaired boating very seriously due to the risks it poses to passengers, swimmers, and other boaters.

Jurisdictional issues can also confuse. On federal waterways, the U.S. Coast Guard has enforcement authority and can arrest individuals for BUI. These arrests often lead to state-level prosecution under Harbors and Navigation Code Section 655 in areas like Los Angeles County.

While Harbors and Navigation Code Section 655 is the primary BUI statute, certain Penal Code sections become relevant, particularly when a BUI incident involves injury or death.

In cases where a person is injured or killed due to BUI, prosecutors may pursue charges under Penal Code provisions related to bodily harm or manslaughter. For instance, if someone causes serious injury or death while boating under the influence, they could face felony BUI charges under Harbors and Navigation Code 655(f).

In the tragic event of a fatality, charges such as vehicular manslaughter (Penal Code Section 192(c)) or gross vehicular manslaughter while intoxicated (Penal Code Section 191.5(a) or 191.5(b)) may be filed. While these sections are more commonly associated with DUI fatalities on roads, they can be applied in a boating context depending on the specific circumstances and the level of negligence involved. Gross vehicular manslaughter while intoxicated (191.5(a)) involves more than ordinary carelessness and carries significant penalties, including state prison time. Vehicular manslaughter (192(c)) can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's prior record.

For straightforward first-offense BUI cases without injury, Penal Code Section 19 often applies. This section generally limits jail terms for misdemeanors to six months unless a specific statute provides otherwise. In a typical first-time BUI conviction, an individual may face up to six months in jail and a base fine of up to $1,000, along with additional court-imposed penalty assessments.

In California, jury instructions (CALCRIM) provide the framework for how judges and juries evaluate criminal charges. While there isn't a specific CALCRIM instruction exclusively labeled "boating under the influence," courts adapt standard instructions used in DUI cases to fit the context of BUI. These instructions guide jurors on the elements the prosecution must prove beyond a reasonable doubt to secure a conviction:

• The defendant operated a vessel. This requires proving that the defendant was in control of the boat or watercraft.
• While operating the vessel, the defendant was under the influence of alcohol, drugs, or both. "Under the influence" means that the defendant's mental or physical abilities were so impaired that they could no longer operate the vessel with the caution characteristic of a sober person of ordinary prudence under similar circumstances. This can be proven through observations of the defendant's behavior, field sobriety test results, and chemical test results.
• The defendant's level of impairment was such that they could no longer operate the vessel with the caution characteristic of a sober person of ordinary prudence under similar circumstances, OR the defendant had a BAC of 0.08 percent or higher (for recreational vessels). This highlights the two ways a BUI charge can be proven: either through impairment or by having a BAC at or above the legal limit. For commercial vessels, the BAC threshold is 0.04 percent or higher.

Prosecutors will present evidence such as the arresting officer's testimony, chemical test results (blood or breath), and observations of the defendant's physical and mental state. The defendant has the right to challenge this evidence by questioning the accuracy of the tests, the reliability of field sobriety tests on a moving vessel, and the legality of the initial stop or boarding. Jurors are instructed to base their verdict on all the evidence presented and must find guilt beyond a reasonable doubt.

The penalties for a BUI conviction in Los Angeles depend on various factors, including whether it is a first offense, if there were any prior DUI or BUI convictions, and if anyone was injured as a result of the incident.

A first-offense BUI without injury is typically a misdemeanor under Harbors and Navigation Code Section 655. The penalties are similar to those for a first-time DUI:

• Up to six months in county jail, as outlined in Penal Code Section 19.
• A base fine of up to $1,000, which can significantly increase with penalty assessments.
• A period of probation, usually ranging from three to five years, with court-ordered terms that must be followed.
• Mandatory attendance at programs similar to DUI classes, with the length and specific requirements varying by county.
• Completion of a boater safety course approved by the California Department of Boating and Waterways is typically required.
• The court may also suspend or restrict the defendant's driver's license for a period.

If an individual has prior DUI or BUI convictions within the past ten years, the penalties for a subsequent BUI become much more severe. These enhanced penalties can include:

• Up to one year in county jail for a second offense.
• Increased fines compared to a first offense.
• Longer periods of probation with stricter terms.
• Longer and more intensive alcohol or drug education programs, potentially lasting 18 to 30 months.
• The court may order community service.
• Mandatory attendance at AA or similar support group meetings.
• Suspension or revocation of boating licenses or maritime privileges, especially for commercial operators.

When a BUI incident results in injury to another person, the charges can escalate to a "wobbler" offense, meaning it can be prosecuted as either a misdemeanor or a felony, depending on the severity of the injuries and the circumstances of the case.

• Misdemeanor BUI Causing Injury: Potential penalties include 90 days to one year in county jail and fines ranging from $250 to $5,000.
• Felony BUI Causing Injury: Can lead to a state prison sentence of 16 months, two, or three years, along with substantially higher fines and a period of formal probation or parole.

If a death occurs as a result of boating under the influence, the penalties are the most severe. Charges such as gross vehicular manslaughter while intoxicated (Penal Code Section 191.5) or other manslaughter provisions may apply, potentially resulting in multi-year prison sentences, including terms of up to 10 years in state prison for gross vehicular manslaughter while intoxicated.

Beyond the immediate legal penalties imposed by the court, a BUI conviction can have significant long-term consequences that affect both professional and personal life.

• Criminal Record: Even a misdemeanor BUI conviction will appear on background checks, potentially limiting employment opportunities, especially in professions requiring professional licenses or security clearances.
• Insurance Rates: Boating insurance rates are likely to increase substantially after a BUI conviction.
• Firearm Ownership: A felony BUI conviction can result in the loss of the right to own or possess firearms.
• Travel Restrictions: Felony convictions may lead to restrictions on international travel.
• Housing and Employment: Securing housing or employment can become more challenging with a criminal record.
• Professional Licenses: Individuals working in maritime industries, such as boat rentals, tourism, or commercial fishing, may face suspension or revocation of their professional licenses, jeopardizing their livelihoods.

These collateral consequences underscore the importance of taking BUI charges seriously and seeking experienced legal counsel to mount a vigorous defense.

Several potential defense strategies can be employed against a BUI charge. An experienced criminal defense attorney specializing in DUI and BUI cases can evaluate the specific circumstances of your case and determine the most effective approach.

• Challenging Chemical Tests. One common defense involves challenging the reliability of chemical tests. Breath testing devices must be properly calibrated and maintained, and the officers administering them must be adequately trained. Issues with the chain of custody of blood samples or arguments that environmental factors (such as fumes, motion sickness, or other health conditions) may have affected the test results can also be explored.
• Field Sobriety Tests on Water. The accuracy of field sobriety tests conducted on a boat can be challenged due to the instability of the vessel. The natural movement of a boat can make balance-based tests inherently unreliable indicators of impairment.
• Unlawful Stop or Boarding. Another defense arises if law enforcement failed to follow proper procedures when stopping or boarding the vessel. An unlawful stop or search that lacked probable cause or reasonable suspicion can lead to the suppression of evidence obtained as a result.
• Other Defenses. Other potential defenses may include arguing that the individual was not operating the vessel, that there was a medical condition mimicking intoxication, or that the blood alcohol level was rising after the time of operation (the "rising BAC" defense).

An attorney who is knowledgeable in both DUI and BUI law can provide invaluable assistance by identifying weaknesses in the prosecution's case, ensuring that all evidence was legally obtained and is scientifically sound, and developing a strong defense strategy tailored to the specific facts of the case. Effective legal representation can significantly impact the outcome of a BUI case, potentially minimizing penalties, reducing charges, or even achieving a dismissal. Furthermore, an attorney can guide clients through any related administrative processes, such as issues involving boating licenses or commercial endorsements.

If you or someone you know has been arrested for Boating Under the Influence in Los Angeles, it is crucial to seek experienced legal representation as soon as possible. A prompt consultation with a knowledgeable attorney at Kraut Law Group Criminal & DUI Lawyers, Inc. can help you understand your rights, explore potential defenses, navigate the legal process, and work toward the best possible outcome. Contact us today for a free initial consultation at (323) 464-6453 or (888) 334-6344 or using our online form.