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Cited for boating under the influence or operating a vessel or watercraft
on a lake, the ocean, a river or other waterway with a .08 BAC or
higher?
DUI or Drunk boating carries significant penalties similar to those
for drunk driving or DUI, including possible jail time, DUI fines,
DUI programs and driver's license record problems.
Drunk boating is priorable as a drunk driving prior. If you have
a prior drunk driving conviction, it can be used to enhance punishment.
Jet skiers, power boaters, sailors, fishermen and pleasure seekers
on a craft should know it is just as illegal to operate a boat or
watercraft under the influence as it is to drive under the influence.
However, it is okay for adult boaters to legally drink or simply
have open containers in their vessels.
Turning your craft too fast or aggressively, inoperable navigation
lights, acting out of control, equipment violations, speeding (e.g.
in a 5 mph zone) around a marina or at a bridge undercrossing, lack
of current registration or safety equipment are some reasons a patrol
boat may stop or contact you to try and determine if you are impaired
or DUI. It is also not unusual for Sheriff’s Boat Patrol or
other law enforcement agencies patrolling the waterways to just
pull up along side of you and investigate whether the driver may
be under the influence.
DUI boating defenses and drunk boating strategies entail most the
same issues as Driving Under the Influence. Drunk boating offenses
can be reduced to "serving as a crew member while under the
influence of intoxicating liquor, any drug, or combined influence."
It is often difficult for the prosecution to prove who was the operator
of a vessel with more than one person aboard based on the conditions
and circumstances common to DUI Boating investigations.
Harbor and Navigations Code charges may also be dismissed if you
are eligible for the misdemeanor diversion program.
Alternative disposition may or may not include taking a boating
safety course.
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