California prohibits operating a vessel while under the influence, a charge usually called BUI. It is governed by Harbors and Navigation Code 655, not the Vehicle Code, but it works much like a DUI and is taken just as seriously on the water.
What the law prohibits
Section 655 makes it unlawful to operate any vessel, water skis, or similar device while under the influence of alcohol or drugs, and it sets a 0.08 percent limit for recreational vessels operated by adults. Operators of commercial vessels and certain others face lower limits. The law reaches motorboats, sailboats under power, jet skis, and more.
What it carries
A first BUI is typically a misdemeanor with fines, possible jail, and a court-ordered boating safety or alcohol program. When a BUI causes injury, the exposure rises sharply, much like a DUI causing injury. Unlike a DUI, a standard BUI does not by itself suspend your driver's license, though related conduct can.
How these cases are defended
BUI cases have their own weaknesses. There are no lane lines on the water, so the usual driving cues do not apply, and wind, current, and wakes explain a lot of erratic operation. Field sobriety tests are difficult to administer and interpret on a rocking boat, and the chemical testing rules still have to be followed. The lawfulness of the stop, often by a patrol or game warden, is also a live issue.
Where to start
A BUI is defended on the operation, the testing, and the stop, just like a DUI. Use the free written case analysis below or call me directly. See also field sobriety tests.