Last Updated on July 2, 2025
These days, practically everyone knows it is illegal to drink and drive, but for whatever reason, many people don’t know it is against the law to operate a boat while under the influence (BUI) under California Harbors and Navigation Code 655 (HNC). Doing so is not only illegal, but it is also dangerous, which is why San Diego police patrol our local beaches, lakes, and other waterways regularly, looking for people who are operating a boat, jet ski, or similar water-based vehicle while intoxicated. If you have been arrested for boating under the influence, please call attorney Peter M. Liss.
DUI Tests for Boaters
The legal blood alcohol content for boating under the influence is the same as that of driving -0.08% for most adults, 0.01% for juveniles, and 0.04% for those operating a commercial vehicle —such as a cruise ship or professional fishing vessel. Just as you are not legally obligated to take a field sobriety test or submit to a portable screening test (unless you are a minor) when stopped for drunk driving, you are not required to do so during a stop for suspected boating under the influence.
While the state’s implied consent law means officers can legally require you to perform a DUI chemical blood or breath test if they believe you to be driving under the influence, they can only do this if you are operating a mechanically propelled boat. If you are using a boat not powered by a motor, including a non-motorized sailboat, kayak, canoe, or paddleboat, they cannot require you to submit to this type of test.
What’s the Difference Between a DUI in a Car or One on a Boat?
While the laws regarding boating under the influence of alcohol or drugs are generally the same as driving under the influence in a motor vehicle, there are some critical differences. The most significant difference in a California BUI case is that if you are convicted for this charge, your license will not be suspended or revoked as it would be in a standard DUI case.
Another difference is that while you cannot have an open container of alcohol in a vehicle while driving, California boating laws allow both passengers and operators to drink as long as the boat operator is not drunk.
What are the Penalties for a BUI in San Diego?
For the most part, the laws regarding boating under the influence are the same as those for vehicle DUIs —with a few exceptions. If you receive a BUI, you will not have your license suspended, your car impounded, or have to install an ignition interlock device in the vehicle because you did not technically violate California’s driving laws. Otherwise, though, sentencing will be the same (keep in mind prior DUIs will be used to determine sentencing):
- For a first time BUI/DUI, penalties include up to 6 months in jail, $1,000 in fines, and a 9-month drug or alcohol program
- For a second or third offense in 10 years, you could be sentenced to up to 1 year of jail time, $1,000 in fines, and a 36 month alcohol or drug program
- A fourth or subsequent conviction within 10 years will result in felony charges punishable by up to 3 years in prison, $1,000 in fines, and a 36-month drug or alcohol program
- Aggravated BUI is charged when someone was injured due to a boat operator being intoxicated. This offense may be charged as a felony or misdemeanor. Penalties include up to 1 year in jail and a fine of $5,000 when charged as a misdemeanor, or a sentence of up to 3 years in prison when charged as a felony
Whatever the specific charges, you need to hire a top San Diego BUI defense lawyer to protect your rights and fight the charges against you.
Notably, a BUI conviction will be counted as a prior offense if you are charged with drunk driving in the future.
Defenses to Boating Under the Influence Charges in California
Many of the same defenses used in DUI cases apply to BUIs as well. Your defense attorney could argue that your boat was stopped illegally without reasonable suspicion, that the chemical test was performed improperly or illegally, or that you simply were not intoxicated. While there are many different defenses to these charges, it is best to avoid saying anything to the police without your attorney present or you may accidentally say something that could harm your defense later on.
For example, your lawyer may not be able to argue that you were not operating a boat under the influence of drugs if you told the police that you only had a few puffs of marijuana.
Call a San Diego Boating DUI Lawyer Today
Charges under Harbors and Navigation Code 655 (HNC) count as a prior DUI conviction should you be charged with drunk driving or boating in the future, putting you at risk for drastically enhanced penalties. While your driver’s license is not in jeopardy for this offense, you could still face jail time and significant fines.
Do not take chances with your future when facing a boating under the influence charge; always work with a criminal defense attorney experienced in BUI charges. Peter M. Liss has offices across from the North County San Diego courthouse, making him centrally located no matter where you live.
If you have been charged with a BUI after operating a boat under the influence anywhere in San Diego, California, please schedule a free consultation with Vista DUI lawyer Peter M. Liss by calling (760) 643-4050 or (858) 486-3024.
