Phoenix DUI Lawyer Reminds Boaters That Boating DUIs Carry Harsh Penalties

7/22/2022 9:24:45

Arizona Boating DUI / OUI Laws

 In Arizona, it is a crime to operate a boat on any body of water while intoxicated with any drug or alcohol.

There are three names for this specific conviction, including a boating OUI, a BUI, or a boating DUI.

Many of the consequences for these charges are similar to those for a standard DUI while in a car. The differences are that you are in control of a watercraft rather than a vehicle. You must schedule a consultation with a defense attorney who can explain the options you have after an arrest.

What is a Considered a Watercraft in Arizona?

You must understand how Arizona defines a watercraft to know your legal rights after getting a DUI on a boat. ARS 5-395 provides the law that covers these terms.

Arizona Boating DUI / OUI under ARS 5-395

Under this statute, to receive a boating OUI or DUI, you must have physical control over a motorized watercraft. The police officers have to prove that you are under the influence of alcohol, a drug, or any prescription medication. Even slight impairment counts towards this crime.

A motorized watercraft under ARS 5-395 is one “propelled by machinery.” A defense attorney will be on your side when the government tries to find a way to make your boat fit the bill. Remember, however, the machinery in place does not have to be the primary method behind moving the watercraft.

Open Container Laws on a Boat

Arizona has specific laws in place to determine if you can have an open container of alcohol while on a boat. The statutes are under ARS 4-251.

Any passenger on your boat can have an open container of alcohol. If you are the operator of the watercraft, however, you will face a class two misdemeanor.

 

Penalties for a Regular OUI or DUI at the Lake

First-Time Offenses

A first-time offense regarding a boating DUI, OUI, or BUI carries with it the lightest consequences. These are class one misdemeanors, including:

  • 10 days to 6 months in jail
  • Possible suspension of up to 9 days of jail with substance abuse treatment
  • Fines ranging from $1,250 to $2,500
  • Additional substance abuse classes
  • Probation

Second-Time Offenses

The conviction is on your record for seven years for a regular OUI or DUI at the lake. A second offense will carry harsher consequences within that timeframe, though it is still a class one misdemeanor.

  • 90 days to 6 months in jail, including 30 consecutive days
  • Suspension of up to 60 days with substance abuse treatment
  • Fines of up to $3,000
  • 30 hours of community service
  • Additional substance abuse treatment
  • Probation

Third-Time Offenses

Third-time offenses carry different penalties within the seven-year timeframe mentioned above. This conviction is a class four felony with the following consequences.

  • Fines of at least $4,000
  • Minimum of 4 months in prison
  • Drug and alcohol screenings
  • Substance abuse treatment
  • Probation
  • Possible loss of boating license
  • Possible forfeiture of watercraft

First published at https://ift.tt/BuLV8TG

Post a Comment

0 Comments