Arizona Boating DUI / OUI Laws
In Arizona, it is a crime to operate a boat on any body of water while intoxicated with any drug or alcohol.
There are three names for this specific conviction, including a boating OUI, a BUI, or a boating DUI.
Many of the consequences for these charges are similar to those for a standard DUI while in a car. The differences are that you are in control of a watercraft rather than a vehicle. You must schedule a consultation with a defense attorney who can explain the options you have after an arrest.
Charged with a Boating DUI / OUI?
Get Immediate Help from Our Arizona Defense Attorneys.
We are Available to Talk Now.
Or, Continue Reading Below About:
Arizona’s Boating DUI / OUI Laws and Penalties
What is a Considered a Watercraft in Arizona?
You must understand how Arizona defines a watercraft to know your legal rights after getting a DUI on a boat. ARS 5-395 provides the law that covers these terms.
Arizona Boating DUI / OUI under ARS 5-395
Under this statute, to receive a boating OUI or DUI, you must have physical control over a motorized watercraft. The police officers have to prove that you are under the influence of alcohol, a drug, or any prescription medication. Even slight impairment counts towards this crime.
A motorized watercraft under ARS 5-395 is one “propelled by machinery.” A defense attorney will be on your side when the government tries to find a way to make your boat fit the bill. Remember, however, the machinery in place does not have to be the primary method behind moving the watercraft.
Open Container Laws on a Boat
Arizona has specific laws in place to determine if you can have an open container of alcohol while on a boat. The statutes are under ARS 4-251.
Any passenger on your boat can have an open container of alcohol. If you are the operator of the watercraft, however, you will face a class two misdemeanor.
Penalties for a Regular OUI or DUI at the Lake
First-Time Offenses
A first-time offense regarding a boating DUI, OUI, or BUI carries with it the lightest consequences. These are class one misdemeanors, including:
- 10 days to 6 months in jail
- Possible suspension of up to 9 days of jail with substance abuse treatment
- Fines ranging from $1,250 to $2,500
- Additional substance abuse classes
- Probation
Second-Time Offenses
The conviction is on your record for seven years for a regular OUI or DUI at the lake. A second offense will carry harsher consequences within that timeframe, though it is still a class one misdemeanor.
- 90 days to 6 months in jail, including 30 consecutive days
- Suspension of up to 60 days with substance abuse treatment
- Fines of up to $3,000
- 30 hours of community service
- Additional substance abuse treatment
- Probation
Third-Time Offenses
Third-time OUI offenses carry different penalties within the seven-year timeframe mentioned above. This conviction is a class four felony with the following consequences.
- Fines of at least $4,000
- Minimum of 4 months in prison
- Drug and alcohol screenings
- Substance abuse treatment
- Probation
- Possible loss of boating license
- Possible forfeiture of watercraft
Penalties for an Aggravated Boating DUI or OUI
An aggravated DUI on a boat, or OUI, can occur after three previous charges within 84 months. These crimes also happen when there is a passenger under 15 years old on the watercraft or if you caused death or injury.
You must note that after death or injury, you could face manslaughter charges as well. Penalties for only an aggravated boating OUI or DUI can come as a first-offense felony or fourth-offense misdemeanor.
First-Offense Felonies
The judge may charge you with a first-offense felony after three previous misdemeanor charges. Jail sentencing for this conviction is typically anywhere from four months to one year of incarceration.
Fourth-Offense Misdemeanors
The judge may choose to give you a fourth misdemeanor instead of a felony. Standard jail sentencing is harsher, including anywhere from eight months to two years of incarceration.
Penalties for an Extreme Boating OUI or DUI
An extreme DUI on a boat is possible when your blood alcohol concentration is anywhere from 0.15% to 0.199%. Penalties for each offense are below:
First-Time Offenses
A first-time offense of an extreme watercraft DUI is a class one misdemeanor. Penalties include:
- 30 days to 6 months in jail
- Fines up to $2,500
- Probation
- Substance abuse treatment
Second-Time Offenses
The same seven-year timeframe applies to extreme DUIs while on a boat. Second-time offenses are still class one misdemeanors with harsher consequences.
- 120 days to 6 months in jail
- 60 days in jail served consecutively
- Fines up to $3,250
- 30 hours of community service
- Probation
- Substance abuse treatment
Third-Time Offenses
Third-time offenses of an extreme DUI or OUI are aggravated convictions. These crimes are typically class four felonies with the following penalties.
- At least 4 months in jail
- Fines of at least $4,000
- Substance abuse treatments
- Probation
- Forfeiture of your boat
- Suspension of your boating licensure
Super Extreme Boating DUI and OUI Charges
A super extreme boating OUI or DUI occurs when your blood alcohol concentration is above 0.20%. First-time offenses are still misdemeanors, but they are some of the harshest in Arizona.
First-Time Offenses
As mentioned, a first-time super extreme DUI conviction is a class one misdemeanor. Strict penalties include:
- 45 days to 6 months in jail
- Fines of at least $2,750
- Substance abuse treatment
- Probation
Second-Time Offenses
Second-time offenses remain a class one misdemeanor even with a super extreme conviction. Penalties go up to:
- 6 months of jail with at least 90 consecutive days
- Fines of at least $3,750
- Substance abuse treatment
- Probation
Third-Time Offenses
The strictest law of all boating DUIs is a third-time offense of a super extreme BUI. These are class four felonies with harsh penalties, like those below.
- At least 4 months in prison
- At least $4,000 in fines
- Probation
- Substance abuse treatment
- Forfeiture of watercraft
- Suspension of boating licensures
What are the Possible Defenses for Boating OUIs and DUIs?
A defense attorney is ready to review all evidence to find a possible defense for your needs. These can include:
- Lack of reasonable suspicion or probable cause prior to the stop or arrest
- Inaccurate reports made by the police officers
- Inaccurate blood test and breathalyzer results
- No physical control of the boat
- Denial of right to a lawyer
Contact your CHM Law Defense Team Today
Contact a Phoenix OUI lawyer immediately after you receive a DUI on a boat under any of the above circumstances. Convictions of this nature can affect you for the rest of your life.
Working with a legal team you can trust may secure a better outcome, including even a DUI dismissal of the charge. We are available now to help fight your OUI charges to potentially get your charges reduced to a simple misdemeanor, or even your DUI on water charge even dismissed!
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
What People Say
Client Testimonials
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - AVVO Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“This was the best possible outcome, great price, and fast.”
Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
David R. - Google Review
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“Responsive, sympathetic, professional, patient, and kind.”
On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
Holly Weber - Google Review
“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.