Boating DUI (OUI) in Arizona: Everything You Need To Know
It was a beautiful day for boating, so you and your friends decided to take the boat out and have some fun. Nobody ever expects a few drinks while out on the water can have dire consequences. In fact, most people are unaware of the penalties for operating a boat while intoxicated.
In the State of Arizona, it’s illegal to drive, operate, or be in participation of the actual physical control of a motorized watercraft while under the influence of alcohol or any type of drugs. The penalties can be pretty steep for operating a motorized boat under the influence (OUI), which is known as ‘boating under the influence’ (BUI). Depending on various factors, it will ultimately be the decision-maker to what extent you will be punished.
These different factors can include whether or not the operator:
- Has ever had any other prior OUI convictions. (Note: Prior DUIs do not count)
- One or more individuals under the age of 15 were aboard the boat while the watercraft operator was intoxicated.
- Had an excessive blood alcohol concentration (BAC) at the time of the incident.
If any of the above stands to be true for your situation, there are multiple possible penalties for these different types of OUI offenses.
Standard OUI Penalties
When facing a standard OUI, which involved operating a boat while ‘impaired to the slightest degree,’ and your BAC was at least .08% when you were tested, but less than .15% within two hours of operating the motorcraft, or being found to have drugs in the body regardless of the amount will be dealt with by following the guidelines for each offense in the State of Arizona.
The guidelines state that the consequences for a first, second, or third standard OUI should adhere to the following:
- First Offense - If this is your first-offense standard OUI, it is considered a Class 1 Misdemeanor. In most case scenarios, convictions carry at least a fine of $1,250, including any assessments, plus a jail sentence of a minimum of ten consecutive days.
- All first offenders must complete an alcohol and drug assessment test ordered by the judge on the case. Depending on the different circumstances, the judge could, in fact, order the offender to participate in a treatment program separately or attend some substance abuse, education classes.
- Second Offense - If a second offense occurs within the following 84 months, it is still considered a standard OUI Class 1 Misdemeanor. However, most second-offense convictions can carry fines and assessments of at least $3,000, followed by a minimum of 90 days in jail, in which thirty must be served consecutively. A second-offense is also required to do thirty hours of community service.
- Third Offense - If a third offense occurs within the next 84 months, it is considered an ‘Aggravated OUI,’ classified as a Class 4 Felony. All third-offense convictions usually carry fines and assessments of at least $4,000, plus a minimum sentence of at least four months in county prison. Third offenders are generally placed on probation and must also complete a drug and alcohol test screening.
- The judge could also require the offender to attend a substance abuse treatment program. In some cases, the judge can issue a severe financial penalty that requires forfeiture of the boat or watercraft used in the incident. If this happens, the state will then seize the boat or watercraft owned and operated by the offender at the time of the offense.
Sometimes, the judge will reduce jail time for a first or second offense standard OUI if the convicted offender completes a substance abuse treatment program. However, this is determined by the judge at the time of the case, and there are no guarantees that the judge presiding on your case will offer this generous option for reduced jail time.
Extreme OUI Penalties
If you were found to have a BAC of at least .15% but less than .2% within two hours of operating a boat or motorcraft, this is considered an ‘Extreme OUI,’ and the consequences are more severe.
The guidelines state that the consequences for a first, second, or third Extreme OUI should adhere to the following:
- First Offense - A first-offense Extreme OUI is considered a Class 1 Misdemeanor. Almost all first offense convictions carry fines and assessments up to $2,500 and a jail sentence of a minimum of thirty consecutive days.
- Second Offense - If a second offense occurs within the following 84 months, and the boat operator is charged with a second offense Extreme OUI, it will be classified as a Class 1 Misdemeanor. The fines and assessments for convicted boaters can be up to $3,250, and the jail sentence will consist of a minimum of 120 days, of which 60 of those days must be served consecutively. They will also be assigned to do at least 30 hours of community service.
- Third Offense - If a third offense occurs within the following 84 months, the penalties are the same as they were for the third standard OUI as outlined above. However, the fines and assessments can vary depending on the judge’s final decision.
As mentioned above, the judge can reduce jail time for a first or second Extreme OUI if the convicted offender completes a substance abuse treatment program. However, this is determined by the judge at the time of the case, and there are no guarantees that the judge presiding on your case will offer this generous option for reduced jail time.
Super-Extreme OUI Penalties
Finally, if you are found to have a BAC of .2% or more within two hours of operating a boat or motorcraft, this is considered a ‘Super-Extreme’ OUI that carries higher fines and assessments.
The guidelines state that the consequences for a first, second, or third Super-Extreme OUI should adhere to the following:
- First Offense - A first-offense Super-Extreme OUI is considered a Class 1 Misdemeanor. Almost all first offense convictions carry fines and assessments of at least $2,750 and a jail sentence of a minimum of forty-five consecutive days.
- Second Offense - If a second offense occurs within the following 84 months, and the boat operator is charged with a second offense Extreme OUI, it will be classified as a Class 1 Misdemeanor. The fines and assessments for convicted boaters can be up to $3,750, and the jail sentence will consist of a minimum of 180 days, of which 90 of those days must be served consecutively. They will also be assigned to do at least 30 hours of community service.
- Third Offense - If a third Super-Extreme OUI occurs within the following 84 months, the penalties are the same as they were for the third standard OUI as outlined above. However, the fines and assessments can vary depending on the judge’s final decision.
Passenger Penalties (Under the Age of 15)
If you are found to be operating a boat or watercraft while under the influence of alcohol or drugs and have a passenger under 15 years old, the penalties can differ. In that case, you can be convicted of ‘Aggravated OUI’ and charged accordingly. This is treated differently from the third-offense, ‘Aggravated OUI’ (see above), with an ‘Aggravated OUI’ based solely on the presence of an underage passenger doesn’t actually carry any mandatory prison sentences.
However, the mandatory jail time is the same as if it were considered an underlying offense as in all the above examples. The main difference is that the ‘Aggravated OUI’ offense is viewed as a Class 6 Felony instead of the Class 1 Misdemeanor’s that you have seen previously. Plus, and convicted violators can also receive fines and assessments to the tune of at least $4,000 and be subject to boat or watercraft forfeiture.
Why You Should Speak With A Lawyer
A qualified attorney in the State of Arizona that specializes in OUI law will be able to assist and direct you in the right direction based on all the facts of your particular situation. Being arrested for boating under the influence in the State of Arizona can have severe consequences, don’t take matters into your own hands; contact a lawyer to help you handle this matter.