DUI Boating in California

Monday, May 25th, 2009

DUI boating is also known as drunk boating or boating under the influence. It can happen in an ocean, a river, or a lake. It’s the same as operating a land vehicle with a BAC (blood-alcohol concentration) of .08%. And in California State, it’s a criminal offense.

Section 655 of Harbors and Navigation Code explains this rule in detail. It states that no person shall operate or manipulate an aquaplane, water ski, or similar device while under drug or alcoholic beverage influence. The symptoms include:

• *Erratic driving of watercraft
• *Lack of current and visible registration
• *Equipment violations (life preservers, navigation lights)
• *Right-of-way violations
• *Speeding

Upon suspicion, officers may conduct chemical testing (blood or breath), field sobriety tests, and preliminary questioning. Although the defenses or consequences for DUI boating are similar to a regular DUI, they’re not truly identical. However, fines, probations, and jail sentences may still ensue.

One important key fact to note: a DUI boating conviction is “priorable” – this means that if you’re charged with another DUI in the future (the next 10 years), it will be regarded as a second offense. And the consequences for second offenders are usually much harsher than first timers.

Tags: BAC, boating under the influence, drunk boating, dui, DUI boating, Harbors and Navigation Code
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