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Fresno County (BUI) Boating Under the Influence | Fresno Criminal Defense & DUI Attorney

Fresno County Boating Under the Influence (BUI).  Do I lose my license for boating under the influence (BUI)?  What is the punishment for boating under the influence (BUI)? Will I go to jail for Boating Under the Influence (BUI)?  Do I lose my drivers license for boating under the influence?  Got a BUI?  Call Fresno BUI/DUI Attorney Jonathan Rooker for a free consultation. I got a DUi in boat?

Fresno Boating Under the Influence: Boating under the influence is a serious charges, that occurs more often than people realize.  Like Driving a Car while under the influence Boating is also illegal.  The serious nature of the offense stems from the same concerns as driving a vehicle, but also had the added risk of occurring in the unnatural environment of water.  Drowning after an accident or even falling from a boat make alcohol and water a deadly mix.

The Central Valley is fortunate to have many areas for boating and recreation.  Millerton Lake is a popular daytime location for recreational water sports.  It is also known to have gatherings in areas of the lake that often consumption of alcoholic beverages.  The Kings River, San Joaquin River, Hensley Lake, Shaver lake, Lemoore Marina, Mendota Slew, and lake Kaweah are all popular recreational destination.  Jet Ski's, motorized boats, Houseboats, fishing boats, and other motor driving water vessels are all subject to the California Harbors and Navigation Code.

California harbors and Navigation Code section 655:  Boating Under the Influence (BUI)

Harbor and Navigation Code: 655(a) Reckless or Negligent Operation of Vessel, Water Skis, Aquaplane, or Similar Device;  Operation While Under Influence of Alcohol or Drugs.

(a) No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device  n a reckless or negligent manner so as to endanger the life, limb, or property of any person.  The department shall adopt regulations for the use of vessels, water skis, aquaplanes, or similar devices in a manner that will minimize the danger to life, limb, or property consistent with reasonable use of the equipment for the purpose for which it was designed.

(b) No person shall operate any recreation vessel or manipulate any water skis, aquaplane, or similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.

(c) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.08 percent or more in his or her blood.

(d) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood.

(e) No person shall operate any vessel, or manipulate water skis, an aquaplane, or a similar device who is addicted to the use of any drug.  This subdivision does not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 or part 3 of Division 10.5 of the health and Safety Code.

(f) No person shall operate any vessel or manipulate water skis, an aquaplane or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person  other than himself or herself.

(g) Notwithstanding any other provision of law, information, verbal or otherwise, which is obtained from a commissioned warrant or petty officer of the United States Coast Guard who directly observed the offense may be used as the sole basis for establishing the necessary reasonable cause for a peace officer of this state to make an arrest pursuant to the United States Constitution, the California Constitution, and Section 836 of the Penal Code for violations of subdivisions (b). )(c). (d). and  (e) of this section.

(h) In any prosecution under subdivision (c). it is a rebuttable presumption the person has an alcohol concentration of 0.08 percent or more in his or her blood at the time of operation of a recreational vessel if the person had an alcohol concentration of 0.08 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation.

(i) In any prosecution under subdivision (d), it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of operation of a vessel other than a recreational vessel if the person had an alcohol concentration of 0.04 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation.

(j) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person who was operating a vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage in violation of subdivisions (b) or (f), the amount of alcohol in the person's blood at the time of the test, as shown by a chemical test of that person's blood, breath, or urine, shall give rise to the following  presumptions affecting the burden of proof.

(1) If there was at the time less than 0.05 percent, by weight, of alcohol in the person's blood, it shall be presumed that the person shall be person was not under the influence of an alcoholic beverage at the time of the alleged offense.

(2) If there was at the time 0.05 percent or more, but less than 0.08 percent, by weight, of alcohol in the person's blood, that fact shall not give rise to any presumption that the  person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(3) If there was at the time 0.08 percent or more, by weight, of alcohol in the person's blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(k) This section does not limit the introduction of any other competent evidence bearing upon the question whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.

(l) This section applies to foreign vessels using waters subject to state jurisdiction.

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