A boating DUI, also known as an OUI (operating under the influence), in Phoenix, AZ, is just as serious as being charged with driving a motor vehicle. If you have been charged with a DUI while boating, an experienced DUI attorney such as James E. Novak can help investigate and fight the charges against you.
Using motorized watercraft in any body of water in Arizona automatically gives consent to any DUI test requested by an officer that has reasonable suspicion that you are under the influence of alcohol or drugs.
You can be charged with an OUI with a boat, or other mode of motorized watercraft transportation such as a Jet Ski or wave runner. As with a DUI, you can be charged with an OUI if your BAC is at or above 0.08. The penalties of an OUI are similar to a DUI with some variations. If you have been charged with an OUI, contact The Law Office of James E. Novak today to discuss your case.
Arizona waterways are governed by local police, the Arizona Game and Fish Department, the Arizona State Park Department, and the US Coast Guard. Any of these agencies can pull you over if they have probable cause to suspect you of operating a boat under the influence of alcohol or drugs.
Using motorized watercraft in any body of water in the state of Arizona automatically gives consent to any blood, breath, or urine test requested by the officer who has pulled you over with reasonable suspicion that you are under the influence of alcohol or drugs. Refusing to consent to a test can result in fines of over $1,000.
The penalties of an OUI in Arizona are steep and are likely to include jail time, high fees, and more. Working with an attorney who is experienced in both DUIs and OUIs can help in the possibility of getting your case dismissed or the charges against you reduced. The penalties of a first-offense and second-offense OUI are as follows:
First Offense OUI with BAC between 0.08 and 0.149
First Offense Extreme OUI with BAC between 0.15 and 0.199
First Offense Extreme OUI with BAC 0.20 or above
Second Offense OUI with BAC between 0.08 and 0.149
Second Offense Extreme OUI
A third-offense OUi can be charged as a misdemeanor or a felony, and many prosecutors will seek a felony conviction. You will be required to spend a minimum of six months in jail, pay over $2,500 in fines and fees, and complete alcohol or drug treatment programs as directed by the court.
Contacting an experienced DUI/OUI attorney as soon as you are accused of an OUI can help create a strong defense, which can potentially lead to a complete dismissal of your charges or a reduced sentence. Contact The Law Office of James E. Novak today to schedule your case evaluation.