Just about everyone is aware that you can’t operate a motor vehicle while under the influence of drugs or alcohol. What some people don’t realize, however, is that this doesn’t just mean cars and trucks. In Arizona, it is also illegal to operate a motorized watercraft while impaired, or with a blood alcohol concentration (BAC) of .08% or higher. Operating a boat under the influence of drugs is also illegal in Arizona. If you were arrested for operating a boat under the influence, this is a charge that needs to be taken seriously. Contact The Stewart Law Group right away to set up a free consultation and discuss your next steps. Our Glendale boating OUI attorneys can help.
Boating Under The Influence Laws
In Arizona, the charges and possible sentences of operating a boat while under the influence vary based on the circumstances.
Regular Boating/Operating Under The Influence Conviction
If you’re BAC is between .08% and .15%, you will be charged with regular boating/operating under the influence (BUI).
- First Offense: For a first offense, this is a class 1 misdemeanor. This requires at least 10 consecutive days in jail, fines of at least $1,250, the completion of a drug and alcohol assessment, and possibly substance abuse treatment.
- Second Offense: A second BUI charge within 84 months of the first one is a class 1 misdemeanor, with at least 90 days in jail and a fine of at least $3,000.
Extreme Boating/Operating Under The Influence Conviction
If you’re BAC is between .15% and less than .2%, you will be charged with extreme boating/operating under the influence.
- First Offense: A first offense is still a class 1 misdemeanor but carries at least 30 consecutive days in jail, a fine of at least $2,500, and a drug and alcohol assessment and possibly substance abuse treatment.
- Second Offense: If you’re convicted of a second extreme boating under the influence charge within 84 months of the first one, the penalties increase to 120 days in jail, with at least 60 served consecutively, a fine of up to $3,250, a drug and alcohol assessment and possibly substance abuse treatment, and community service.
Super-Extreme Boating/Operating Under The Influence Conviction
If you’re BAC is greater than .2%, you will be charged with super-extreme boating/operating under the influence.
- First Offense: A first offense is a class 1 misdemeanor, carrying at least 45 consecutive days in jail, a fine of at least $2,750, and a drug and alcohol assessment and possibly substance abuse treatment.
- Second Offense: If you’re convicted of a second super-extreme boating under the influence charge within 84 months of the first one, the penalties increase to 180 days in jail, with at least 90 served consecutively, a fine of up to $3,750, a drug and alcohol assessment and possibly substance abuse treatment, and community service.
What is Considered a Motorized Watercraft?
In the state of Arizona, a motorized watercraft is defined as any watercraft that is propelled by machinery, even if the machinery is not the primary source of propulsion. This means you could be in a blow-up raft equipped with a small motor and be charged with boating under the influence.
Contact The Stewart Law Group For Help
Being out on the water is supposed to be fun and carefree. Unfortunately, it can turn into a nightmare if you’re charged with operating your boat while under the influence, these penalties can be more severe than DUIs in Glendale, AZ. As you can see, the penalties are severe, carrying mandatory jail sentences. If you were arrested for boating under the influence, it’s advisable to speak with a Glendale boating under the influence lawyer right away. We understand the impact this can have on your life, and we want to start preparing an effective defense strategy immediately. Contact us today to set up a free consultation to discuss your legal options.