In Arizona, a boating DUI or watercraft DUI is called operating under the influence (OUI). If you get an OUI while a person under fifteen years of age is aboard, the charge is aggravated OUI a Class 6 Felony.
Gone are the days of rounding up the kids, hitching up the boat, grabbing a few beers and heading to the lake. Now there are deputy sheriffs on Arizona’s lakes just waiting for operators to make mistake like creating an excessive wake or overloading a boat. The deputy sheriffs are using any perceived infraction to investigate operators for a Boating DUI.
Arizona’s Boating Laws are found in ARS Sections 5-395 – 5-398.02.
A person can be charged with operating a motorized watercraft under the influence of alcohol and/or drugs. The penalties increase with higher alcohol concentration levels and prior convictions for OUI.
At the Law Offices of Robert A. Butler, we have been defending alcohol and drug related charges for years. We know that field sobriety tests were developed in a laboratory. Field sobriety test results are suspect when they are conducted on the side of a road. Now the police are administering field test on the deck of a rocking boat. These test results, as well as the BAC test results, must be investigated and challenged.
Do not attempt to handle an OUI charge on your own. There are defenses and ways to get these cases dismissed or the charges reduced. Law Enforcement is only trained to look and see if there is a possibility you are under the influence. Prosecutors must prove that you were under the influence beyond a reasonable doubt.
Contact the Law Offices of Robert A. Butler, PLLC today to discuss your case.