California Boating DUI Lawyers
CA BUI Defense Backed by Nearly 50 Years of Experience
Also known as boating under the influence, boating DUI, BUI, DUI boating, or drunk boating, boating under the influence can happen in a lake, a river, or on the ocean. Operating a boat or any watercraft while under the influence of drugs or alcohol (at or above a blood-alcohol concentration, or BAC of .08%) is much like driving a vehicle while under the influence.
The Law Offices of Taylor & Taylor handles DUI and BUI defense for clients throughout Southern California. Founded in 1979 by Lawrence Taylor, our firm was California’s first law firm devoted exclusively to DUI defense. Our in-house technical support staff has backgrounds in law enforcement, blood alcohol analysis, and driver’s license suspensions.
Call (562) 330-4173 to speak with our California boating DUI attorneys about the charge and your next steps.
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What Are the Rules of Alcohol Consumption on the Water?
California Harbors and Navigation Code Section 655 governs boating under the influence. The code does not bar passengers from drinking alcohol or possessing open containers on a vessel, but it draws a firm line for whoever is operating it.
Key rules include:
Section 655(b) prohibits operating any vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of both.
Section 655(c) sets a 0.08 percent blood alcohol concentration (BAC) threshold for recreational vessel operators, while Section 655(d) sets a lower 0.04 percent threshold for operators of vessels other than recreational vessels.
Section 655(h) establishes a rebuttable presumption (meaning a legal starting point the defense can challenge) when a qualifying chemical test is administered within three hours of operation. The applicable subsection in any given case depends on vessel classification, the alleged substance, the conduct involved, and whether an injury allegation is present.
Newport Harbor is patrolled by the Orange County Sheriff’s Harbor Patrol Division. A BUI defense requires separating lawful alcohol possession or consumption by passengers from evidence that the operator was impaired or exceeded the applicable statutory threshold.
How We Evaluate BUI Evidence
A BUI case involves layers of technical evidence that go well beyond a roadside stop. The reason for a vessel boarding, the conditions on the water, the reliability of field observations, and the handling of chemical-test samples can all affect the evidence. We review breathalyzer calibration records, field sobriety test procedures, chemical-test timing, and potential constitutional violations as they apply to the allegations. Environmental factors such as vessel movement, weather, lighting, and surface conditions can affect the validity of balance or coordination observations made on or near a moving boat.
Our in-house technical staff includes personnel with backgrounds in law enforcement and blood alcohol analysis. Our attorneys include former prosecutors and public defenders, among them a former Orange County District Attorney and a former Los Angeles Deputy District Attorney, giving our team direct insight into how prosecutors build cases and where evidence can be challenged.
boating under the influence faqs
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Are there open container laws for passengers on boats in California?Yes, California has open container laws for passengers on boats. It is illegal for passengers to consume alcohol in an open container while the boat is underway. All alcohol containers must be sealed or stored in a closed compartment.
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What are the penalties for boating under the influence in California?Penalties for boating under the influence in California may include fines, potential jail time, suspension of boating privileges, and mandatory completion of a boating safety course. The severity of penalties may increase for subsequent offenses.
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How is boating under the influence (BUI) determined in California?Law enforcement officials may use various methods to determine if someone is boating under the influence, including field sobriety tests and breathalyzer tests. Similar to DUI cases, a BAC of 0.08% or higher is considered evidence of boating under the influence.
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Can I refuse a breathalyzer test while boating in California?California has an implied consent law, which means that by operating a boat, you are deemed to have consented to a chemical test if arrested for boating under the influence. Refusing a breathalyzer test can result in penalties such as license suspension and fines.
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Can I be arrested for boating under the influence even if my BAC is below 0.08%?Yes, you can be arrested for boating under the influence in California even if your BAC is below 0.08%. If law enforcement believes your ability to operate the boat is impaired by alcohol or drugs, you may still face charges.
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Are there enhanced penalties for aggravated BUI offenses?
Yes, aggravated BUI offenses, such as causing serious injuries or fatalities while boating under the influence, can result in more severe penalties, including felony charges. The legal consequences may be significantly heightened in such cases.
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Can I lose my boating privileges for a BUI conviction in California?Yes, a BUI conviction in California can result in the suspension or revocation of your boating privileges. The duration of the suspension may vary based on factors such as the severity of the offense and whether it is a repeat violation.
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Can I challenge a BUI arrest in California?Yes, you have the right to challenge a BUI arrest in California. Consulting with a legal professional experienced in boating under the influence cases is advisable to explore potential defenses and address the specific circumstances of your arrest.
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Are there exceptions to the alcohol consumption rules for boating events or parties?No, there are no exceptions to the alcohol consumption rules for boating events or parties. The same laws apply, and operating a boat under the influence or allowing passengers to consume alcohol in open containers while underway is prohibited.
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“I received counsel in a sensitive legal matter from Lawrence Taylor Sr., and his advice was spot on. I did some research and I also know that the senior Mr. Taylor is in the top echelon in his field. He has written text books on DUI and he has taught the t”Jerry S.
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“Im am so glad that I read the reviews of Taylor and Taylor after my first "incident" and immediately contacted them. Chris was great at calming my nerves as this was my 1st offense and at a .06 it was right on the line on a trial or pleading it o”Suzi J.
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“Truly great team of lawyers. Handled everything the very best they could. Can definitely rely on them.”Nick T.
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“When you need to get a lawyer, you aren't usually in a great situation. I wasn't at least. Christopher and his team never made me feel ashamed, they just help me get through a situation where stuff happens.”Jessica S.
Don’t face this alone. From criminal charges to license suspension, our award-winning team is here to fight for you. Call (562) 330-4173 to speak with an Orange County DUI attorney at our firm today.
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Reduced to Dismissed Original Charge - Drunk Driving
San Clemente - Facing Jail time, fines and license suspension
5/15/25
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Reduced to Reckless Driving (fine) Original charge - Drunk Driving (.26% accident)
Malibu - 6 months jail, fine, license suspension.
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Reduced to Wet Reckless Original Charge - Second DUI
San Bernardino - Facing Jail time, fines and license suspension
4/8/25
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Reduced to Public Intoxication (fine) Original charge - Drunk Driving (.23%)
Los Angeles - 6 months jail, fine, license suspension.
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Reduced to Reckless Driving (fine) Original charge - Drunk Driving (.24%)
Rancho Cucamonga - 6 months jail, fine, license suspension.
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Reduced to Wet Reckless Original Charge - Drunk driving
Riverside - Facing Jail time, fines and license suspension
3/26/24
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Jury Trial – Not Guilty Original charge - Drunk Driving
Barstow - 6 months jail, fine, license suspension.
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Reduced to Exhibition of Speed (fine) Original charge - Drunk Driving
Los Angeles - 6 months jail, fine, license suspension.
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Reduced to Reckless Driving (fine) Original Charge - Drunk Driving
Pasadena - Facing 6 months jail, fine, license suspension.
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Reduced to Reckless Driving (fine) Original charge - Drunk Driving
San Bernadino - 6 months jail, fine, license suspension.
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Reduced to Exhibition of Speed (fine) Original charge - Drunk Driving
Los Angeles - 6 months jail, fine, license suspension.
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Reduced to Dry Reckless (fine) Original charge - Drunk Driving (.20%)
San Bernadino - 6 months jail, fine, license suspension.
