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Boating Under the Influence (OUI) in Arizona is treated seriously. Boating OUI cases are not much different than automobile DUIs. The obvious difference being OUIs occur in water and DUIs occur on the land. However, both offenses criminalize operating a motorized boat or car, respectively, while under the influence. Indeed, “under the influence” includes being under the influence of alcohol, marijuana, or any drug. This is whether it is an illegal “street” drug or prescribed medication. Like a “land” DUI, it is illegal for a person to operate a watercraft while “impaired to the slightest degree”. A valid prescription is not a defense when the State asserts a person’s prescription impaired their ability to drive to the slightest degree.
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Defining Boating Under the Influence (OUI) per Arizona Law
Arizona Revised Statutes (A.R.S.) 5-395, 5-396 and 5-397 define Misdemeanor and Felony Aggravated OUI in Arizona . Per A.R.S. 5-395, it is illegal for a person to operate a motorized boat while under the influence of alcohol or drugs. Further, A.R.S. 5-397 defines “Extreme” and “Super Extreme” OUI offenses, also a Class 1 Misdemeanor. However, A.R.S. 5-396 defines an Aggravated Felony OUI. Most people do not believe a felony conviction could result from a Boating OUI. Indeed, this offense occurs when a person has committed a third or more OUI within the prior 84 months (7 years). Or, if Boating under the Influence while a minor under 15 years of age is in the motorized watercraft. A “motorized watercraft” includes boats, jet skis, and any other motorized personal watercraft (i.e., yachts and motorized sailboats).
Boating Under the Influence (OUI) under A.R.S. 5-395
A.R.S. 5-395 defines non-extreme Misdemeanor OUI as the following:
(A) It is unlawful for any person to operate or be in actual physical control of a motorized watercraft that is underway within this State under any of the following circumstances:
(1) While under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;
(2) If the person has an alcohol concentration (BAC) of .08% or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration. results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft;
(3) While there is any drug as defined in section 13-3401 or its metabolite in the person’s body;
(4) If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of .04% or more.
The consequences for a Misdemeanor OUI carrying the following ramifications:
- Minimum 10 days jail
- Fine not to exceed $1250
- Court-Ordered Substance Abuse Counseling
SECOND OFFENSE BOATING UNDER THE INFLUENCE (OUI) WITHIN 84 MONTHS
A person charged with an OUI as a second-offense within 84 months faces harsher penalties. Indeed, a second-offense OUI is a Class 1 Misdemeanor, with the following consequences:
- 90 days in jail; 30 days must be served consecutively (or day after day)
- Fines and fees of $3000
- Court-Ordered Substance Abuse Counseling
Boating Under the Extreme Influence (Extreme OUI) under A.R.S. 5-397
A.R.S. 5-397 defines “Extreme” and “Super Extreme” OUI. An Extreme OUI occurs when a person operating a motorized watercraft has a BAC greater than .15% but less than a .20%. A Super Extreme OUI occurs when a motorized watercraft operator has a BAC greater than .20%.
The consequences for a Misdemeanor Extreme OUI (BAC greater than .15% but less than .20%) carry the following:
- Minimum 30 days jail
- $2500 in Fines and Fees
- Court-Ordered Substance Abuse Counseling
A Misdemeanor “Super” Extreme OUT (BAC greater than .20%) carries harsher penalties:
- Minimum 45 days jail
- $2750 in Fines and Fees
- Court-Ordered Substance Abuse Counseling
SECOND OFFENSE EXTREME OUI WITHIN 84 MONTHS
- Minimum 120 days jail, 60 of which must be served consecutively
- $3250 in Fines and Fees
- Court-Ordered Substance Abuse Counseling
SECOND OFFENSE “SUPER” EXTREME OUI WITHIN 84 MONTHS
- 180 days jail, 90 of which must be served consecutively
- $3750 in Fines and Fees
- Court-Ordered Substance Abuse Counseling
Aggravated Felony OUI under A.R.S. 5-396
A.R.S. 5-396 defines Aggravated Felony OUI in Arizona. Indeed, it is a Class 6 Felony in Arizona when an impaired motorized watercraft operator has a minor under the age of 15 years old present in the watercraft. Further, it is a Class 4 Felony for an impaired motorized watercraft operator to commit a third OUI within 84 months (7 years).
The consequences for a Class 6 Felony carry probation eligibility with a maximum sentence of 2 years prison. However, the presumptive sentence for a Class 6 Felony is 1 year prison and the mitigated sentence is 4 months prison. Class 4 Felony consequences also carry probation eligibility but carry a maximum sentence of 3.75 years prison. Indeed, the presumptive sentence is 2.5 years prison and the mitigated sentence is 1 year prison for a Class 4 Felony.
No Driver’s License Suspension for an OUI
Arizona law does not require a driver’s license suspension after an OUI conviction. This is different from some surrounding states, such as California. Despite no suspension or revocation, law enforcement must report all OUI arrests/prosecutions to the Arizona Department of Transportation. A state abatement committee for driving/operating under the influence will receive the records/reports.
Defenses to Boating Under the Influence (OUI)
There are potential defenses that may be asserted in Boating Under the Influence (OUI) cases. These defenses include: (1) no reasonable articulable suspicion for the stop; (2) no probable cause for the arrest; (3) denial of right to counsel; (4) involuntary statements; (5) issues with breath testing instrument; (6) issues with blood testing; (7) lack of impairment. It is important to consult with and retain an experienced Boating Under the Influence (OUI) attorney. Competent counsel will be able to identify possible OUI defenses.
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Huss Law is Arizona’s Boating Under the Influence (OUI) Attorney
The criminal defense attorneys at Huss Law, PLLC have years of experience handling Boating Under the Influence (OUI) cases in Arizona. The firm’s founder, Jeremy L. Huss, spent nearly 13 years as an Arizona prosecutor handling both OUI and DUI cases. Mr. Huss has significant experience working closely with law enforcement on alcohol/drug related offenses. Indeed, Mr. Huss has provided instruction to law enforcement concerning DUI investigations and 4th Amendment search and seizure issues. Moreover, Mr. Huss is familiar with issues surrounding breath-testing as well as issues with blood draws and testing. These are obviously relevant issues in both OUI and DUI prosecutions. Anybody under investigation for a Boating Under the Influence (OUI) offense should contact Huss Law today for a Free Consultation.