DUIs Do Not Always End at the Dock: Boating Under the Influence

 Posted on September 07, 2025 in DUI

A fun, sunny day on California waters can quickly turn into a legal nightmare when a boat operator is cited for Boating Under the Influence, or BUI. BUI laws in the state are just as strict as DUI laws, which can be a shock for a boat operator. Whether you are operating a speedboat, a sailboat, or even a jet ski, law enforcement can stop you and administer regular sobriety tests.

A BUI conviction can come with severe fines, potential jail time, and may even affect your regular driver’s license. California makes it clear that DUIs do not end at the dock, so you should always think twice about drinking while operating a boat in the state. An experienced Richmond, CA DUI attorney can help protect your rights and your future following BUI charges.

What Are California’s BUI Laws?

The primary BUI law in California can be found in the California Harbors and Navigation Code Section 655. Like a DUI, there is a BAC limit of 0.08 percent for adults, 0.04 percent for CDL holders, and a zero-tolerance police for those under the age of 21. These BAC thresholds apply to all types of motorized boats, sailboats under power, and personal watercraft.

How are BUI Laws Enforced on California Waters?

BUI laws in the state are enforced by the California Department of Parks and Recreation’s Division of Boating and Waterways (DBW) and the U.S. Coast Guard. The DBW is a state agency responsible for overseeing boating safety and enforcement within the state. The Coast Guard is a federal agency responsible for maritime security and enforcement of federal BUI laws.

Local police and sheriff’s departments also monitor California coastlines and bodies of water. Patrols, checkpoints, and random stops of boats on California’s waterways are common methods for enforcing BUI laws. Law enforcement officers can require boat operators to perform sobriety tests or take a breathalyzer test. As with a DUI stop, refusing a breathalyzer test can lead to penalties.

What Are the Penalties for a BUI Conviction in California?

A first-time BUI conviction can potentially result in up to six months in county jail, fines as hefty as $1,000, informal probation, and a mandatory alcohol education program. For a repeat offense of BUI, jail time can include up to one year in county jail, or 16 to 36 months in state prison for felony BUI charges. Fines can range from $250 to $5,000 for a repeat BUI.

Penalties for a repeat BUI conviction can include formal or informal probation and an 18 to 30-month alcohol education program. A BUI that results in serious injuries or death can be charged as a felony, leading to a sentence of up to three years in state prison.

In some cases, a BUI conviction can result in the loss of one’s regular driver’s license, and the boat may be impounded or even forfeited. A BUI shows up on a criminal record check in the same way as a DUI, making it difficult to obtain employment.

What Are Some Common Defenses to BUI Charges?

While the exact defense used by a criminal defense lawyer will depend on the circumstances and the evidence, the attorney may challenge the reliability of field sobriety tests on a moving boat. He or she may question the accuracy of chemical tests or may argue a lack of probable cause for the stop. There may also have been mistakes made by law enforcement or violations of the boat driver’s constitutional rights.

Contact a Napa, CA BUI Defense Lawyer

Since BUI cases – like DUI cases – involve both criminal court and DMV proceedings, it is crucial to have a strong legal advocate by your side throughout the process. Further, BUI laws may overlap with state, federal, and maritime laws. When you choose a highly skilled Richmond, CA DUI attorney from Burglin Law Offices, P.C., you can count on your rights and your future being aggressively protected.

Attorney Burglin has represented more than 5,000 individuals charged with DUI and is a graduate of the University of Indiana’s comprehensive course on chemical testing and scientific protocols for DUI cases. Call 415-729-7300 to schedule your free consultation.