Criminal Defense Lawyers

Arizona Boating While Intoxicated or OUI Lawyers

Arizona Boating While Intoxicated or OUI Lawyers: Your Guide to Navigating the Legal Waters

Getting busted for boating under the influence (BUI) in Arizona can really harsh your mellow. But don’t panic – there are experienced DUI lawyers who can help you avoid capsizing your life.

See, BUI laws in the Grand Canyon State are kinda tricky. And the penalties are steep – we’re talking fines, jail time, license suspension…not ideal. So you’ll wanna bring in the big guns – an attorney who knows this stuff inside out.

In this article, we’ll chart the murky legal waters around Arizona BUIs. You’ll discover:

• What exactly counts as “operating under the influence”
• How Arizona BUI laws compare to DUI laws
• Common defenses that lawyers use to beat BUI charges
• What to expect if you’re convicted of BUI in Arizona
• How to find the best OUI lawyer for your case

We’ll keep it casual and avoid too much legal jargon. Our goal is to give you a solid lay of the land so you can make smart choices if accused of BUI. Let’s shove off!

Arizona’s Definition of Boating Under the Influence

In Arizona, it’s illegal to operate any watercraft while impaired – whether that’s a motorboat, sailboat, canoe, kayak, or stand-up paddleboard. You can get busted for BUI if:

• Your blood alcohol content (BAC) is 0.08% or more. For reference, that’s about 4 drinks in 2 hours for most adults.
• You’re impaired by drugs or medication – even prescription meds.
• You refuse to take a BAC test when asked by law enforcement.

BUI laws apply on all bodies of water in AZ, including lakes, rivers, and the Colorado River. And “operating” includes more than just driving the boat. If you’re fishing, water skiing, or even sleeping on the boat while impaired, you can still be charged with BUI.

In other words, the laws are super broad. You don’t even need to be behind the wheel of the boat to get slapped with BUI charges. Lame, we know.

Comparing Arizona’s BUI and DUI Laws

BUI laws might sound kinda similar to DUI laws for driving cars. But there are some key differences:

Lower BAC Limit

For BUIs, the legal BAC limit is 0.08% – same as for DUIs. But when you’re out on the water, that 0.08% will hit you faster and harder.

Why? Three little letters: U-V-A. The sun’s UV rays reflect off the water and amplify the effects of alcohol. A few drinks under the desert sun and you’ll feel it big time.

No Implied Consent

With DUIs, Arizona has “implied consent” laws. That means by driving on state roads, you automatically consent to breathalyzer or blood tests if pulled over under suspicion of DUI.

But for BUIs, there’s no implied consent. Officers need probable cause and a warrant to force BAC testing. That gives you a bit more protection if you’re suspected of BUI.

Harsher Penalties

BUIs tend to come with stiffer sentences than DUIs. Jail time and fines start higher and increase faster with repeat offenses.

Why? Partly because BUIs put more than just yourself at risk. Your impaired operating can easily cause a fatal boat collision. The law takes that seriously.

Common Defenses Against Arizona BUI Charges

Let’s say you got popped for BUI in Arizona. What defense options does your attorney have for beating the charges? Here are some common tricks up their sleeve:

Question Field Sobriety Tests

Standard field sobriety tests on land often don’t translate well on a rocking boat. Your balance and coordination can easily appear off, even when sober.

A good lawyer will argue the tests were inaccurate and shouldn’t be used as evidence of impairment. There’s a decent shot at getting them thrown out.

Challenge Probable Cause

As mentioned earlier, officers need solid probable cause to force BAC testing for BUIs. But their reasoning is sometimes shaky.

For example, they may claim your breath smelled like alcohol. But that alone does not prove impairment. A skilled attorney can often knock down weak probable cause arguments.

Exclude Faulty Evidence

Chemical BAC tests have margins of error. And the machines must be properly maintained and operated. If the evidence was compromised in any way, your lawyer can possibly get BAC results excluded from the case.

“Medical Impairment” Defense

Let’s say you took prescription meds as directed, but they still impaired your boating. Your lawyer can argue you weren’t “under the influence” – just medically compromised. This may beat the charges or at least reduce the penalties.

Negotiate Plea Bargains

Rather than risk trial, your attorney may be able to negotiate a good plea deal. This involves pleading guilty to a lesser charge in exchange for having the BUI dropped. Still not ideal, but better than a conviction.

Penalties for Arizona BUI Convictions

If you’re found guilty of BUI in Arizona, here are the potential fines and jail sentences you’ll face:

• First offense – Fine up to $2,500 plus up to 6 months jail time. Also possible ignition interlock device requirement.
• Second offense – Fine up to $5,000 plus minimum 30 days jail time up to 6 months. Interlock device required.
• Third+ offense – Fine up to $10,000 plus minimum 4 months jail time up to 2 years. Felony charge possible.

Refusing BAC testing comes with separate penalties – $500 fine plus 12 month license suspension for first refusal, and up to 2 years suspension for repeat refusals.

You’ll also have a BUI conviction on your permanent criminal record. And your boat registration and operating privileges may be revoked for up to 1 year.

As you can see, the punishments add up fast. Having a skilled attorney gives you the best shot at avoiding conviction and minimizing penalties.

Finding the Right Arizona BUI Lawyer for Your Case

If you’re facing BUI charges in Arizona, don’t just jump on the first Google search result for “DUI lawyer.” Finding the right attorney takes some research:

• Seek out BUI expertise – Not all DUI lawyers have extensive experience with boating cases. Look for someone with deep knowledge of Arizona’s BUI laws specifically.
• Read reviews – Check for reviews on Google, Avvo, and other sites. This gives you a feel for a lawyer’s responsiveness, case strategies, and overall helpfulness. But take negative reviews with a grain of salt – no one’s perfect.
• Compare experience – The more BUIs a lawyer has defended, the better. Ask about their case volume, win rate, credentials, and years in practice. Their site may also list sample case results.
• Consider compatibility – You’ll be working closely together, so make sure your personalities mesh well. A compassionate counselor-type may be ideal if you’re feeling anxious and overwhelmed.
• Discuss fees upfront – BUI defense isn’t cheap. Expect to spend $5,000 or more in legal fees. Know what’s included and how/when you’ll be billed so there are no surprises.

Don’t wait – connect with a lawyer ASAP after your BUI arrest. The sooner you start building your defense case, the better your chances of keeping your record clean.

Don’t Let a BUI Sink You – Navigate the Legal Waters Safely

Messing around with boats and booze can land you in seriously hot water. But with an experienced Arizona OUI attorney guiding your defense, you can likely minimize penalties or beat the charges entirely.

Every case is different, but the key is acting fast. Connect with a lawyer right after your BUI arrest to map out a game plan. Knowledge of Arizona’s complex BUI laws will be critical.

We hope this overview helped you better understand the legal landscape around boating DUIs. Now you can make informed choices if you ever find yourself navigating these choppy waters. Just be safe out there, a’right? DUI charges are never a day at the beach.