While San Diego weather and the beautiful beaches mean that people flock
to our shores year round to enjoy water sports, summertime means an increase
in people in the area. With Memorial Day, the Fourth of July, and endless
opportunities to barbeque and spend time with loved ones, it is important
that anyone spending time in the sun and on our many miles of beaches
understand their rights under the law and how
boating under the influence (BUI) can influence their plans. Boating under the influence occurs if
someone is found to be operating a boat with a
blood alcohol content (BAC) over the legal limit of .08%. If you or a loved one have been accused
of BUI, it is important to remember that you can fight back against the
charges you are facing!
What is BUI?
Under California Harbors and Navigation Code 655b, no one is able to operate
a boat, water skis, aquaplane, jet ski, or similar equipment under the
influence of alcohol or drugs. Law enforcement patrolling our state’s
waterways can act in a similar manner if you were
driving a car. This means that if you are erratically driving a boat, have a physical
appearance indicating you had been drinking, are unable to perform
field sobriety tests, or have a
blood or breath test indicate intoxication, you can be arrested in connection with BUI.
However, there are significant differences that make BUI different from
driving under the influence:
- Variations in punishment for those convicted of BUI;
- A seven year lookback period for BUI instead of a 10 year lookback period
for DUI; and
- Your driver’s license will not be automatically suspended after a BUI.
While different, it is still possible for a boat operator convicted of
BUI to be facing a monetary fine, time in jail, and attendance at DUI
school. Thankfully, there are numerous defenses that can be employed on
your behalf if you have been accused of this crime.
Dedicated Defense From a DUI Lawyer in San Diego
When you work with Mark R. De Yoe, APLC, you can be confident that you
have an attorney with over 30 years of experience defending clients across
San Diego from DUI, BUI, and other accusations they are facing. Even if
you are visiting on vacation from
someplace else, you may need defense! From showing that the operation of the boat was
in accordance with local laws, that physical signs of intoxication were
unreliable, doubting the accuracy of field sobriety and BAC tests, or
even questioning the legality of the BUI stop to begin with, you have
a tireless advocate by your side.
To get started, schedule your
with our San Diego DUI lawyer to help you retain your rights!