The Harbors & Navigation Code makes it a crime to operate any vessel or manipulate water skis, an aquaplane, or a similar devise while Boating Under the Influence BUI punishments for conviction are similar to DUI punishments. Examples of activities which could be charged with Boating Under the Influence (BUI) are drinking four beers and waterskiing or operating a jet ski with a BAC of 0.08% or operating a commercial vessel with a BAC of 0.04%.
What does the prosecutor have to prove?
1. Defendant operated a vessel, water skis, an aquaplane, or a similar device.
2. The vessel was not operated within reasonable use for which that vessel was designed.
3. Defendant operated the vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
Misdemeanor: 0-180 days