Sailing or boating while under the influence of impairing substances is illegal in the state of Arizona. There are various laws and ordinances in place to provide against this kind of action and there are various ways that BAC can be determined in these cases. According to various statistics, an individual who is operating a boat with a BAC of .10 percent or higher is 10 times more likely to die in a boating accident. Given these statistics, the consequences of an OUI can be extremely severe.
You should contact a Phoenix DUI lawyer from the Rosenstein Law Group without hesitation if you wish to challenge the allegations that have been made against you. According to the U.S. Coast Guard, it is more dangerous to drink on the water than it is on dry land. This isn’t because the alcohol is fundamentally different, but rather, because the factors that include the individual who is drinking change. Someone who is on a boat is open to the sun, water and wind. All of these can aggravate the symptoms of drinking and play into what is known as “boater’s fatigue.”
In fact, the Boating Safety Resource Center has stated that, drink for drink, someone on the water is more likely to be impaired. While it may sound appealing to crack open a few while enjoying Arizona’s waterways, this, however, doesn’t always make it safe. That being said, it is not illegal to drink while boating. It is only illegal to be drunk or under the influence of an impairing substance while operating the watercraft.
In June 2008, a law was passed which would mirror the penalties for operating a boat under the influence to be the same as driving a motor vehicle while intoxicated. These were made effective in January 2009. To catch boaters who are operating under the influence, the Arizona Game and Fish Department, along with other agencies, work together to conduct saturation patrols. Arizona Revised Statutes (ARS) §5-395.01 states that it is considered illegal to be operating, or in actual physical control of a motorized watercraft, while under the influence — this is known as operating under the influence (OUI).
If someone is found guilty of an OUI in Arizona, they will be facing a class 1 misdemeanor and will be punishable by no less than 10 consecutive days in jail, a fine of no less than $250, potential community restitution, and additional assessments, including a $500 assessment for the prison construction and operations fund, as well as a $500 assessment for the public safety equipment fund. Beyond all of the other penalties that are explained above, the convicted may also be required to complete alcohol and drug screening, as well as an education or treatment program.
If you are suspected to be boating under the influence due to erratic driving or another reason, then you may be asked to perform some field sobriety tests as well as various chemical tests. While these tests are used to gather evidence to support a DUI charge, there is no evidence brought in a DUI or BUI case that cannot be fought by a skilled and highly experienced representative from the Rosenstein Law Group. Our firm has the experience that you need on your side if you have been charged with BUI.
If you are convicted of this OUI charge, then you could face many of the same penalties as a DUI conviction. You could face a jail sentence of up to six months, fines up to $2,100 in addition to screening and class costs and many other penalties. If you have been charged with OUI, then do not hesitate to speak with a Phoenix DUI attorney from our firm today. We will be able to provide you with the skillful and aggressive representation that you will need on your side in order to maximize your chances of a favorable outcome of your case in court.
Contact us today to discuss your case and how our firm will be able to help you.
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