Boating Under the Influence (OUI)

Boating Under the Influence (OUI)

Boating Under the Influence (OUI)

In January of 2012, Arizona voted into law stricter mandatory penalties for DUI offenses to include Boating under the Influence (OUI) convictions. Arizona is now one of the states that have the toughest DUI penalties. Just as with DUI, boating under the influence is a class one misdemeanor starting with a blood alcohol level of 0.08 or greater. Since 2012, the number of convictions for boating under the influence has increased dramatically. This is due, in part, to the stricter mandatory sentencing laws. For a complete overview of the mandatory penalties involved please see our article entitled Arizona DUI Mandatory Penalties. Another reason that boating under the influence convictions have increased is due to new enforcement tactics used by several agencies in, and around, Arizona.

Saturation Patrols and OUI Checkpoints

From March through September, the Arizona Game and Fish runs saturation patrols and OUI checkpoints. These tactics are designed to save lives by removing impaired drivers from the Arizona waterways. Officers involved with saturation patrols and OUI checkpoints have the right to administer tests to insure that operators are not boating under the influence. Many of these field sobriety tests occur on wet, slippery, surfaces or on unstable boats that are affected by the wake from passing boats. If you have been charged with boating under the influence in Arizona, your best defense is to consult with and experienced Arizona DUI attorney.

Mandatory Penalties

Boating under the Influence can be charged if any of the following conditions exist:

  • Under the influence of intoxicating liquor, or drug, if the person is impaired to the slightest degree.
  • Blood alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft.
  • If there is any illegal drug, or its metabolite, in the person’s body.
  • The watercraft is a commercial motorized watercraft and the person has a blood alcohol concentration of 0.04 or more.

A person is considered to be operating under the influence of alcohol if they have a blood alcohol concentration (BAC) of 0.08% but less than 0.15%. “Extreme OUI” is a BAC of 0.15% but less than 0.20%, and “Super Extreme OUI” is a BAC of 0.20% and higher.

Mandatory jail time penalties can range from 10 days to 2 years depending upon the severity of the crime and if any prior convictions for boating under the influence exist. All boating under the influence convictions carry mandatory fines and jail time.

Protect Your Rights

There is no substitute for solid legal advice from a compassionate, trial tested, experienced professional. The Enholm Law, PLLC Arizona DUI attorney that you meet with for your free consultation will have solid experience with boating under the influence laws in Arizona. Enholm Law, PLLC promises clear fee structures, easy affordable payment plans, comprehensive trial plans, excellent communication and ongoing training in all areas of Arizona DUI Law.

To protect your rights, and your future, Call (602)889-6273 for a free initial consultation with an experienced Enholm Law, PLLC Arizona DUI Attorney today.