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
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