Few places in Southern California are as popular for boating as the waters off Corona Del Mar and Newport Harbor. On a summer weekend, the harbor fills with duffy boats, yachts, jet skis, and sailboats, and drinks are often part of the day. What many people don’t realize is that operating a boat after drinking can lead to criminal charges that look a lot like a DUI.
The short answer: yes, you can be arrested for the boating version of a DUI in Corona Del Mar. It’s called boating under the influence, or BUI, and it’s a crime under California Harbors and Navigation Code § 655. A BUI conviction can also count against you if you’re ever charged with a DUI in a car.
What Counts as Boating Under the Influence?
California’s BUI law covers more than motorboats. It applies to anyone operating a vessel, including jet skis and other personal watercraft, as well as anyone using water skis, an aquaplane, or a similar device. You can be charged with BUI if you:
- Operate a vessel while impaired by alcohol, drugs, or both
- Operate a recreational vessel with a blood alcohol concentration (BAC) of 0.08% or higher
- Operate a commercial vessel, such as a charter or sportfishing boat, with a BAC of 0.04% or higher
- Cause injury to someone else while operating under the influence
In Newport Harbor and the waters off Corona Del Mar, patrols by the Orange County Sheriff’s Harbor Patrol are common, especially on holidays and summer weekends. Officers can stop a boat for safety inspections, equipment issues, speeding in a no-wake zone, or signs of impairment.
How Is BUI Different From DUI?
The two offenses share the same 0.08% BAC limit for most adults, but there are some key differences:
- Open containers: There’s no open container law for boats the way there is for cars. Passengers can legally drink on board. Only the operator has to stay under the limit.
- Driver’s license: A first-offense BUI doesn’t trigger the automatic DMV license suspension that comes with a DUI arrest.
- Testing: Boaters are still subject to chemical testing under California’s BUI laws, and refusing a test can lead to harsher penalties if you’re convicted.
What Are the Penalties for a BUI?
A first-time BUI is usually charged as a misdemeanor. A conviction can lead to up to six months in county jail, fines of up to $1,000 plus court assessments, probation, and a required boating safety course. Penalties increase when there are prior BUI or DUI convictions within seven years.
A BUI that causes injury to another person is much more serious and can be charged as a felony with possible state prison time.
Why a BUI Can Follow You Onto the Road
One of the most overlooked consequences of a BUI is how it affects future DUI cases. Under California law, a BUI conviction counts as a prior offense if you’re later charged with a DUI. That means a second “first” DUI could actually be sentenced as a second offense, with longer jail time, higher fines, and a longer license suspension. If you hold a professional license, a BUI conviction can also raise issues with your licensing board. Learn more about how criminal charges can affect your career on our professional crimes page.
Defending a BUI Charge
BUI cases come with their own defense issues. Field sobriety tests are hard to perform after hours on the water, since sun, wind, waves, and dehydration can affect balance and coordination even in sober people. Questions about whether the stop was lawful, how the tests were given, and whether the accused was actually operating the vessel can all matter. You can view the full range of cases we handle on our practice areas page.
If you were arrested for BUI in Corona Del Mar, Newport Beach, or anywhere along the Orange County coast, Law Office of Michael L. Fell can help you understand your options and protect your record. Call (949) 585-9055 to schedule a confidential consultation.