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Is “Boating Under the Influence” a crime just like DUI?

September 3, 2019


Everybody knows that it’s
illegal to operate a motor vehicle under the influence. What a lot of people
don’t realize, is that basically the same
laws apply to operating a boat. Boating under the
influence, or BUI, is prosecuted under California
Harbors and Navigation Code 665. This section makes it a crime–
makes it a misdemeanor– to operate a boat if you’re
under the influence of alcohol or drugs, or both. Or you have a blood alcohol
content of 0.08 or higher. This law applies to boats,
water skis, jet skis, and aqua planes. It does not apply
to kayaks, rafts, or other devices that are
purely self or water propelled. Now, the penalties for
boating under the influence are basically the same as with
driving under the influence. That is, if you’re
convicted, you looking at three to five
years of probation, fines, and alcohol class, and
sometimes jail Moreover, a BUI, or boating under
the influence conviction, is prior-able as the
equivalent of a DUI. What that means is, if
you’re convicted of BUI, and let’s say that
sometime the next 10 years you pick up a DUI
case, your new DUI case would be treated as
a second offense. So BUI is definitely
something that you want to take seriously. And if you’ve been charged,
you want to get a good attorney and fight the case, and
keep it off of your record. The good news is
that many times, it’s possible to just that. These can be surprisingly
difficult cases for the prosecutor
to prove in court. And in fact, over
the years, we’ve helped many people in BUI cases
to get their charges reduced or outright dismissed. If you’re in this situation,
we invite you contact us here Shouse Law Group.

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