Phoenix Boating DUI Attorney

What is Boating DUI/BUI in Arizona?

Under Arizona Revised Statute § 5‑395, a person can be charged with “Boating Under the Influence” (BUI) when they operate or are in actual physical control of a motorized watercraft while impaired by alcohol, drugs, or a combination or when their blood alcohol concentration (BAC) is 0.08% or higher within two hours of operating the vessel. Importantly, Arizona law also imposes a stricter BAC threshold of 0.04% for commercial watercraft operators.

At Feldman & Royle, our experienced team of boating DUI defence attorneys is dedicated to protecting your rights, analyzing the unique facts of your case, and crafting a tailored defence aimed at minimizing the short‐ and long-term consequences of a BUI charge in Arizona.

Arizona Boating DUI Laws Explained:

Boating under the influence is taken very seriously in Arizona, and understanding the state’s boating DUI (BUI) laws is essential for anyone who enjoys spending time on the water. At Feldman & Royle, we aim to provide clear guidance on what constitutes a boating DUI, the legal limits for alcohol and drugs, and the potential penalties for violations. Whether you’re a first-time boater or a seasoned water enthusiast, knowing these laws can help you stay safe and avoid serious legal consequences.

Regular BUI

An Arizona BUI or Boating DUI applies when an individual operates a watercraft:

• While under the influence of alcohol or drugs, or a combination of the two, if you are impaired to the slightest degree; and/or
• if you have a blood alcohol concentration of 0.08 (BAC) or greater.

Extreme BUI

Arizona Extreme Boating Under the Influence occurs when an individual’s BAC exceeds certain levels. In that regard, the Title 5 law contains a virtually identical version of the extreme DUI statute, providing additional penalties if:

• Your BAC is 0.15 or more (extreme BUI); or
• Your BAC is 0.20 or more (super extreme BUI).

Aggravated BUI

Arizona Aggravated Boating Under the Influence or Felony Boating Under the Influence may apply where:

• You are charged with a third Boating Under the Influence within a period of seven years (eighty-four months); or
• You commit an offense of Regular Boating Under the Influence or Extreme Boating Under the Influence while there is a passenger on the watercraft who is under the age of 15.

Drug or Marijuana BUI

Arizona Drug Boating Under the Influence occurs if there is any dangerous drug, narcotic drug, or other illegal drug, including marijuana, in your system, other than a drug prescribed by your doctor. However, even in instances of drugs prescribed by a doctor, you may be charged with BUI if law enforcement alleges you are impaired by the prescribed drug (recommended in the case of marijuana).

Commercial BUI

In Arizona, Commercial Boating Under the Influence occurs when a person operates a commercial watercraft if you have a BAC of 0.04 or higher.

Arizona Boating Under the Influence Penalties

If you have been charged with Arizona Boating Under the Influence, you face penalties that are similar to those for DUI, including fines, jail time and more. A conviction will cost you more than you might think. Many people think that the a DUI on a boat is really not big deal. But this is one of many misconceptions on the subject.

Boating Under the Influence: First Offense

Under A.R.S. § 5-395, a first-time BUI offense carries significant consequences, such as;

• Expect to pay thousands of dollars in fines, assessments, and other charges.
  
• You will be required to complete an alcohol and drug screening.
  
• Attendance at substance abuse classes is mandatory.
  
• Jail time is possible, though it may be suspended if you successfully complete the screening and classes.
  
• If the judge finds that you recklessly exposed another person to serious injury, you must serve at least 24 consecutive hours in jail.
  
• A misdemeanor conviction will appear on your permanent criminal record.

Boating Under the Influence: Second Offense

Under A.R.S. § 5-395, a second-time BUI offense carries significant consequences, such as;

• Mandatory jail time: Minimum of 30 days
  
• Sentencing details: 90-day sentence imposed, with 60 days suspended after completion of required screening and classes
• Financial penalties: Higher fines and fees apply

Drug or Marijuana Boating Under the Influence

(A.R.S. § 5-395).The penalties for a drug or marijuana related BUI mimic those of an alcohol related BUI. A person can be found guilty when a drug or metabolite if found in your system while operating watercraft.

Extreme Boating Under the Influence

(A.R.S. § 5-397).You are subject to additional penalties if your BAC is 0.15 or more (Extreme BUI). A first offense will lead to at least 10 days in jail, as well as higher fines. If your BAC is 0.20 or higher (Super Extreme BUI), a minimum of forty-five days in jail must be served if convicted.

Aggravated Boating Under the Influence

(A.R.S. § 5-395). As in the case of DUI, aggravated BUI is a felony, and the penalties reflect that classification. Aggravated BUI includes (a) three or more BUI’s within 84 months; and (b) BUI with a child passenger.

Operating a motorized watercraft while under the influence is a serious charge, and the potential penalties are significant. Protect yourself by hiring an experienced Arizona boating DUI lawyer.

BUI Defenses – Defending Boating Under the Influence:

Defenses to Arizona Boating Under the Influence are similar to those utilized in defending DUI charges. However, a BUI defense strategy is even more robust as the chaos brought on by alcohol in most lake environments and the inexperience of many of the investigating officers on lakes and rivers throughout Arizona leaves plenty of room for mistakes to be made by law enforcement. Listed below are several of the considerations to discuss with a boating under the influence attorney:

• Invalidating Field Sobriety Tests (FSTs)

Unlike field sobriety tests that are administered in DUI investigations, boating FSTs are not standardized. As such, attacking the credibility of the results of boating FSTs is a much easier. Lake Patrol routinely administers sitting FSTs while on a boat in open water. Challenging the reliability of the testing environment and subsequent findings is paramount to invalidating boating FSTs.

• Challenging the BAC

The machines used to obtain blood alcohol concentrations are not always reliable and must be scrutinized and reevaluated by an experienced attorney and defense expert to ensure accuracy. Even when operating properly the machines used to test BAC have margins of error that should be assessed for the ways in which they can impact individual cases.

• Attacking the Reliability of Testing Measures Used

Regardless of whether law enforcement took a breath or blood samples (in some instances both), they must follow specific protocols to guarantee the results. One simple mistake by law enforcement can jeopardize their entire investigation and undermine the credibility of the BAC results obtained. It’s important to remember that many of the officers patrolling the lakes throughout Arizona are less experienced in administering breath and blood testing than their counterparts investigating DUIs.

• Undermining Accident Reconstruction (if applicable)

When accidents are involved in BUI investigations reconstruction to determine the cause of the accident is far more difficult for the State. Without road evidence (skid marks), reconstructing boating accidents is

• Challenging the Stop of the Watercraft

Boating under the influence investigations frequently start with a watercraft stop or a stop at a checkpoint. While it may seem obvious that law enforcement is less concerned with the minor safety infraction, they used to stop your watercraft and more concerned with investigating BUI, it is your job to challenge the stop. Illegal stops result in the suppression of BUI evidence and many times, dismissal of the criminal case.

• Checking Jurisdiction

Because many of the waterways in Arizona separate Arizona from other states, it is important that a competent BUI lawyer ensure that the criminal activity the State is alleging actually took place in Arizona.

These are just a few of the defenses that may be applicable in your case. For more information about specific defenses that may be applicable to your case, call our office for a free and confidential consultation.

BUI Lawyer in Arizona

If you have been charged with boating under the influence, we can help. Our Phoenix criminal defense lawyers have represented those charged with BUI throughout the state of Arizona and have experience defending BUIs in all jurisdictions and on all Arizona lakes. Contact the attorneys at Feldman & Royle to schedule a confidential and free consultation with a BUI lawyer.

Why Choose Feldman & Royle for Arizona Boating DUI Charges?

When facing Boating DUI charges in Arizona, the difference between conviction and dismissal often comes down to experience, precision, and advocacy. At Feldman & Royle, our seasoned defense attorneys understand that a day on the water shouldn’t destroy your future, and we fight to make sure it doesn’t.

What makes us the team Arizona trusts for Boating DUI defense:

• Former Prosecutors Turned Defense Allies – We’ve stood on both sides of the courtroom. Our deep understanding of how prosecutors build Boating DUI cases allows us to anticipate their moves and dismantle their arguments before they gain traction.
• Targeted Challenges to Testing & Evidence – Boating DUIs often hinge on field sobriety tests or BAC results conducted in challenging conditions. We scrutinize every step from improper stops to flawed testing procedures to expose inaccuracies that can get your case reduced or dismissed.
• Strategic Negotiation, Relentless Trial Readiness – From day one, we negotiate from a position of strength. Whether it’s leveraging procedural errors, negotiating reduced penalties, or preparing a full trial defense, we’re ready for every scenario so you’re never caught off guard.
• In-Depth Knowledge of Arizona Boating Laws – Arizona’s OUI (Operating Under the Influence) laws differ from traditional DUIs. We know the nuances from Coast Guard involvement to state jurisdiction and use that knowledge to protect your boating privileges and criminal record.
• Confidential, Client-Focused Representation – Your reputation matters. Every case we take is handled with discretion, empathy, and a tailored strategy that respects your circumstances and goals.

Misconceptions About Alcohol and Boating:

According to the United States Coast Guard, many of the problems associated with alcohol and boating arise because of mistaken beliefs. These beliefs include:

• DUI on a boat is not nearly as serious as DUI. In fact, more than 15% of boating fatalities are linked to alcohol. Operating a motorized watercraft in Arizona while impaired, or with a blood alcohol content (BAC) of 0.08 or greater (0.04 in the case of commercial vessels), is a class 1 misdemeanor, at the very least. In some cases, you could also be charged under federal law.
• Partying is an acceptable part of boating, provided you’re not totally wasted. Operating a motorized boat or other watercraft while impaired to the slightest degree is a crime, just as it is for driving a car. You do not have to be roaring drunk to be impaired, or to be charged with BUI.
• Boating Under the Influence is limited to alcohol. It’s ok to smoke pot while boating. As in the case of marijuana related DUI, the laws governing boating while under the influence include impairment as a result of drugs.
• It’s hard to get caught for drinking (or drugging) and boating. In recent years, tolerance for alcohol related boating has declined, and police are on the lookout for intoxicated boaters. Tools that were developed for the roadways, such as saturation patrols and sobriety checkpoints, are now being used by the Arizona Game and Fish Department / Sheriff’s Office to catch those suspected of boating under the influence. Don’t be misled by the rumors you might have heard about lenient treatment of impaired boaters — boating DUI is taken very seriously in Arizona.