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- Wendy C. 
California Boating Under the Influence Attorneys 
Boating Under the Influence
Taking to the water on a motor boat, sail boat, Jet Ski, or other watercraft is a great opportunity to relax and spend time with family and friends, especially during the summer months. However, it is important for the operators of boats and other water-related modes of transportation to be familiar with the consequences of boating under the influence (BUI) of alcohol and/or drugs.
Being charged with BUI in Southern California can be an intimidating experience that often leaves a person unsure about their legal rights and options for defense. A BUI charge is just as serious as a driving under the influence (DUI) charge, especially if you are involved in a boating accident that results in injury or death. Based on data provided by the U.S. Coast Guard, the use of alcohol is determined to be involved in approximately 17 percent of all recreational boating deaths.
Boating Field Sobriety Tests
The U.S. Coast Guard and other law enforcement on the water conduct field sobriety tests to identify whether the driver of a boat is operating the vessel under the influence of alcohol. The 2011 Operation Dry Water introduced a series of tests approved for marine use after a three-year study conducted by the Southern California Research Institute. The new BUI testing standards permit marine patrol officers to test boaters in a seated position as well as implement a percentage of probability that the individual is impaired at .08 blood alcohol concentration (BAC) or higher. The new Southern California BUI field sobriety testing takes place on the water and no longer occurs on the land on a stable platform. The tests include:
- hand coordination;
- horizontal gaze and nystagmus;
- palm pat; and
- finger to nose.
Even though these tests were evaluated for water performance and efficiency, law enforcement can make mistakes or misinterpretations on the water when deciding whether someone is under the influence of alcohol, especially on a boat that is unstable due to water movement. The procedures surrounding BUI field sobriety tests in California and their outcome influence the way in which an officer develops probable cause. Just because a person is arrested for BUI doesn't mean that they are guilty. An experienced Los Angeles BUI attorney will be able to help you determine whether an officer had probable cause to arrest you in the first place as well as gather the appropriate evidence to build a strong case on your behalf.
BUI Consequences and Penalties
Some of the consequences a person faces for a BUI charge in California include:
- termination of voyage;
- arrest;
- steep fines;
- imprisonment;
- impoundment of the boat or water vessel;
- loss of boating privileges; and
- loss of driving privileges.
Boating Under the Influence Defense Attorneys
At Takakjian & Sitkoff, LLP, our Southern California boating under the influence lawyers understand how upsetting and overwhelming being arrested for BUI can be. We are committed to helping our clients have the BUI charges against them reduced or dismissed altogether. The lawyers on our team are former Los Angeles County Deputy District Attorneys and have significant misdemeanor and felony trial experience. Our firm handles all types of misdemeanors and felonies and understands what it takes to obtain successful case results for our clients. If you have been arrested for BUI on a boat in one of Southern California's marinas, such as Ventura, Oxnard, Marina Del Rey, Huntington Harbor, Newport Beach, Dana Point or Oceanside; or if you have been at the river or even on Lake Elsinore and have been arrested, give us a call at 888-579-4844.
If you have been arrested for a bui offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844
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