An individual commits an OUI when they operate a personal watercraft or boat while under the influence of drugs or liquor. In several ways, it is lawfully like perpetrating a D.U.I. (driving under the influence) while driving a vehicle. Both consequences, legal defences, and penalties are practically the same.

What is an OUI?

OUI is short for “Operating Under the Influence.” OUI is also known as “Boating D.U.I.” or B.U.I. (Boating Under the Influence). In Arizona, it is driving while intoxicated that is illegal, having the consequences as a D.U.I. Arizona is famous for its strict legal ramifications for a D.U.I. due to marijuana, alcohol, prescription drugs, or illicit drugs.

Under the influence denotes operating a motor vehicle on a public road and one that citizens have the right of access like a parking lot.

What is a Motorized Watercraft in Arizona?

You must recognize what watercraft types in Arizona meet the criteria under this law so that you know and the Arizona OUI lawyer who will represent you precisely know the allegations against you and what, if any, flexibility might afford you legally.

In Arizona, the law that includes OUI is called A.R.S. §5-395. A.R.S. §5-395 states that when you are in physical control or operate watercraft and are under the influence of any alcohol or drugs, the law charges you with an OUI.

This charge could be incredibly complex since, based on the law as defined in A.R.S. §5-301, a motorized watercraft denotes any vessel that operates by machinery regardless of the machinery is the primary source of thrust. Therefore, having the right lawyer on your side from the beginning could help undermine the state’s case as they try to make your boat fit the offence.

What is an Extreme or Super Extreme OUI?

A person commits an extreme OUI when they drive a watercraft with an extreme OUI B.A.C. of 0.15% or more or a super extreme OUI over 0.2%.

Penalties for Extreme OUIs

Extreme OUI entails having a B.A.C. of around .15% but under .2% within a couple of hours of maneuvering a motorboat. The outcome for a first, second, and third extreme OUI are:

First offense: A class 1 misdemeanor is the consequence of a first-offense extreme OUI. Most sentences have up to $2,500 in fines and charges and at least 30 days in jail.

Second extreme OUI within seven years: An individual whose second extreme OUI offense is guilty of a class 1 misdemeanor. If convicted, a person could have around $3,250 in assessments and fines. The jail time is at least 120 days.

Third offense within seven years: The penalties for a third extreme OUI are the same as a third normal OUI. It is a class four felony. An aggravated OUI, the fine is usually over $4,000, and the offender does four months in jail. Additionally, third-time offenders have to complete drug and alcohol screenings and a drug abuse treatment program. Lastly, the state takes your boat.

Typically, for a first or second extreme OUI, the judge might decrease the sentence if the offender signs into a substance abuse treatment program.

Penalties for Having Passenger Younger Than 15

Aggravated OUI is the possible conviction for anyone who drives a motorboat under the influence with a passenger younger than 15.

Unlike a third-offense aggravated OUI, an aggravated OUI based on a young passenger does not have a set prison sentence. Instead, the mandatory jail time is the same as it would be for the primary offense.

For instance, if there is a second OUI conviction of a watercraft driver with a B.A.C. of .08% and a passenger onboard younger than 15, the individual will get at least a 90-day jail sentence. This sentence is the same as for a second standard OUI. The most significant difference is that instead of a class 1 misdemeanor, the offense is a class 6 felony. Also, sentenced boaters could receive $4,000 in fines and the state seizing the boat.

Talk to an Arizona Attorney

If you plan to drink alcohol during your fun day on the lake, make sure you have a designated sober driver for boats, jet skis, and another motorized watercraft. A relaxing day at the lake could swiftly become sour if you get charged with an OUI.

Every OUI case in Arizona is complex, different, and getting arrested for an Arizona OUI could be scary and devastating.

If you get charged and arrested for boating under the influence in Arizona, reach out to an Arizona lawyer who has experience with OUI cases. A knowledgeable legal professional could help you realize how the law applies to your case and what fines and possible jail time you may be facing.