Spring is wrapping up and summer is right around the corner. ‘Tis the season to grab some beers and hit the river! Or is it?
Operating a boat, even without the aid of alcohol, is more dangerous than driving a car in many ways. There are no lanes or other standardized rules of the road; there is only open water. Overall control of a boat is, generally, poorer than that of a car. While the average driver operates a car on a daily basis, boat operators generally spend only a few days out of the year operating a boat. Now, imagine adding the effects of alcohol into that mix. Many people do not know that it is illegal to operate a boat under the influence. While driving a car under the influence is governed by California Vehicle Code, boating under the influence is governed by Harbors and Navigation Code 665. Harbors and Navigation Code section 655 states: (b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. These two subsections mirror that of the Vehicle Code for DUI of a car. However, the Harbors and Navigation Code also provides a zero tolerance for aquaplanes and water skis. Moreover, the penalties of a BUI are similar to that of a DUI: up to six months in jail, up to $1,000 in fines and fees, and DUI school. Although the DMV will not suspend your license upon a BUI conviction, a BUI conviction will serve as a prior for enhancement purposes if it occurs within ten years of any future DUIs. If convicted of a BUI and you have a prior BUI or DUI, your sentence will be enhanced if the current BUI occurred within seven years of the prior charges.
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