Orange County Boating Under the Influence Lawyer
Boating Under the Influence, aka boating DUI or BUI, is a criminal offense in California. You can be charged with a BUI, if you are found to have a blood alcohol concentration of .08% or higher while driving a boat or recreational vehicle.
In California, the laws for boating under the influence are similar to California DUI laws. California boating laws are dictated by the California Harbors & Navigation Code, Section 655. The code states that it is not against the law to drink alcohol or carry open containers in the boat or RV. Other than this fact, the laws follow the same or similar penalties as driving a motor vehicle.
To board your boat or stop your vehicle on the water, the officer must have just cause. Some events that can cause you to be stopped include:
- Speeding
- Violation of right-of-way
- No visible vehicle registration
- Reckless driving of watercraft
- Equipment violations such as broken navigation lights or not wearing life preservers
When arrested for Boating Under the Influence, you are subject to preliminary questioning, field sobriety tests, and chemical testing (breath or blood) just like in a DUI arrest:
Section 655.4(a) of the Harbors and Navigation Code states:
"No person shall serve as a crew member on any charter boat while under the influence of intoxicating liquor, any drug, or the combined influence of intoxicating liquor and any drug.
The consequences and defenses for a BUI are much like those of a DUI, however they are not identical. In short, fines, a jail sentence and probation will ensue. (Refer to California Harbors and Navigation Code section 655) Also, a lesser offense with lighter punishments is a possibility for plea bargaining.
Mr. Cadzow has over one hundred criminal jury cases with an emphasis on drunk driving cases, including both felony and misdemeanor. He has over 20 years experience and a proven track record of success in getting charges reduced or dropped.
Scott R. Cadzow is a tough negotiator and successful criminal defense trial lawyer. His dedication and committment to fighting hard for his clients has earned him the respect of Orange County judges and prosecuters. He's dedicated to achieving the best possible outcome under the law.
If you find yourself facing BUI or other drunk driving charges, give Scott R. Cadzow a call. HE CAN HELP.
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call 949.361.9413 or 760.757.0110!