Description

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.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No