BUI Attorney in Orange County

What Harbors & Navigation Code 655 Prohibits

The statute bars operating a vessel, water skis, an aquaplane, or a similar device while under the influence of alcohol, drugs, or a combination of both. Recreational vessel operators face the same 0.08% blood alcohol concentration limit applied to drivers. Commercial vessel operators are held to a stricter 0.04% limit. 

California also creates a rebuttable presumption: a chemical test showing 0.08% or higher taken within three hours of operation is presumed to reflect the operator’s blood alcohol at the time they were on the water.

Penalties for a Boating Under the Influence Conviction

A first offense, with no qualifying prior BUI or DUI within the past seven years, is typically a misdemeanor carrying up to six months in county jail and up to $1,000 in fines. A repeat offense, or a first BUI following a prior DUI conviction within the past seven years, can bring up to one year in county jail. When a BUI causes bodily injury to someone other than the operator, it can be prosecuted as a felony.

California also applies a zero-tolerance rule to boaters under 21, prohibiting any measurable alcohol while operating a vessel. The exposure at every offense level makes securing experienced defense counsel early a sound decision.

Key Differences Between BUI & Driving DUI

A boating under the influence conviction doesn’t trigger a DMV suspension of your driver’s license. The California Court of Appeal confirmed this in Cinquegrani v. DMV (2008) 163 Cal.App.4th 741. That distinction matters, but it doesn’t reduce the criminal exposure.

Prior convictions do cross over: a prior BUI counts as a prior DUI, and a prior DUI counts as a prior BUI for purposes of charging a subsequent offense. California law also allows passengers and even the vessel operator to consume alcohol aboard a boat, as long as the operator’s blood alcohol stays below the legal limit. That’s a meaningful difference from the open-container rules that apply on roads.