Sacramento Criminal Defense Lawyer Blog

With abundant rain this winter, California's lakes, reservoirs, and rivers are quickly filling up. And as the weather gets warmer, more people will take out their boats for a relaxing day on the water. Everyone who enjoys boating, though, needs to keep in mind California's strict laws regarding boating under the influence of alcohol or drugs.

Harbors and Navigation Code 655 lays out the rules regarding operation of watercraft in the California. This law makes it:

• A crime to operate a recreational vessel with a blood alcohol content of 0.08% or higher.
• A crime to operate a commercial vessel with a blood alcohol content of 0.04% or higher.
• A crime to operate a water ski or aquaplane after ingesting any amount of alcohol or drug.
• A crime to use a water ski or aquaplane in a "reckless or negligent manner" that poses a danger to others.

Many people assume that they get a free pass from law enforcement when consuming alcohol on the local rivers because it's not illegal to have an open container on a boat. The reality is different though. BUI is considered especially dangerous because of the speeds that boats can attain, the difficulty of stopping a boat quickly, and the lack of distinct lanes of traffic compared to streets and freeways.

Penalties for BUI are severe with fines up to $1000 and jail time of up to six months. In addition, though a 2008 California Supreme Court case made it clear that the DMV is not allowed to suspend a person's automobile driver's license for conviction of a BUI, a BUI conviction can be counted as a "prior" if the person is arrested for DUI within the next 10 years.

The sheriff's department of each county is responsible for patrolling waterways in its jurisdiction. The Sacramento Sheriff's Department, for example, oversees the Sacramento River north of downtown Sacramento all the way down through the delta region at the county's southern border. The Yolo County Sheriff's Department covers the Sacramento River, Cache Canyon, Putah Creek, and other waterways within the county. The Yolo Sheriff's Department just announced, in fact, that it is using a grant from the state to purchase additional watercraft for law enforcement and rescue operations.