{"id":14884,"date":"2017-06-21T09:15:15","date_gmt":"2017-06-21T16:15:15","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=14884"},"modified":"2024-09-20T10:08:26","modified_gmt":"2024-09-20T17:08:26","slug":"arizona-boating-laws-dui","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/arizona-boating-laws-dui\/","title":{"rendered":"Arizona Boating Laws for DUI"},"content":{"rendered":"

Introduction<\/h2>\n

As the weather warms up across the state of Arizona, many locals will soon be taking their boats out of storage to prepare them for the sunny summer ahead. Fun on the lake often comes with alcohol, which, if not consumed safely, can lead to some dangerous waters on Arizona lakes.<\/p>\n

If you are caught operating a motorized watercraft, which may include a boat, Waverunner, jet ski, SeaDoo, or other personal watercraft, while under the influence of alcohol or drugs in Arizona, you may face charges for a boating DUI, or an OUI (operating under the influence).<\/p>\n

Boating DUI Laws in Arizona<\/h2>\n

According to A.R.S. 5-395<\/a>, it is illegal for any person to operate or be in actual physical control of a motorized watercraft that is being operated in Arizona under the following circumstances:<\/p>\n

    \n
  1. While the operator is under the influence of intoxicating liquor, any drug, or vapor releasing substance containing a toxic substance if the person is impaired to the slightest degree.<\/li>\n
  2. If the operator has an alcohol concentration of 0.08 or higher within two hours of operating or being in actual physical control of the watercraft and the alcohol was consumed either before or while operating the watercraft.<\/li>\n
  3. While there is any drug defined in A.R.S. 13-3401 <\/a>or its metabolite in the operator\u2019s body.<\/li>\n<\/ol>\n

    Boating DUI Checkpoints in AZ<\/h2>\n

    Local officials take great precautions to ensure Arizona\u2019s waterways are safe as there are countless families and groups of friends participating in leisure activities like waterskiing, tubing, and wakeboarding during several months of the year.<\/p>\n

    Wardens from the Arizona Game and Fish Department, as well as officials from other agencies in Arizona, California, and Nevada, are patrolling AZ\u2019s lakes heavily during the months of March through September and will conduct frequent saturation patrols and OUI checkpoints. It should be noted: officials from the AZ Game & Fish Department are licensed Arizona peace officers and have the same authority as police to cite, arrest, and investigate criminal behavior.<\/p>\n

    OUI checkpoints should be expected if you are enjoying the water during the busy months on AZ lakes like Lake Havasu, Bartlett Lake, Lake Pleasant, and Saguaro Lake.<\/p>\n

    Boating DUIs in AZ: Know Your Rights!<\/h2>\n

    If you are pulled over at an OUI checkpoint, you may be asked to perform a field sobriety test while on your boat\u2014when your boat is still on the water; not exactly steady ground. It is recommend that you refuse the field sobriety test and instead agree to a breathalyzer or blood test.<\/p>\n

    You also have the right to remain silent and request to speak with an attorney. You can ask to speak with a DUI lawyer prior to submitting to any tests, but only if it will not cause undue delay for obtaining your accurate breath or blood sample.<\/p>\n

    Penalties for OUI in AZ<\/h2>\n

    The penalties and charges you might face if you are arrested for operating a watercraft while under the influence in Arizona depend upon your blood alcohol concentration at the time of your arrest. If your BAC registered between 0.08 and 0.15, you can expect the following penalties for a first offense:<\/p>\n