Harbors and Navigation Code 655 – Boating Under the Influence (BUI) Laws in California
Operating a boat while under the influence of alcohol or drugs is a criminal offense in California. Under Harbors and Navigation Code 655, it is illegal to operate any vessel while impaired or with an unlawful blood alcohol concentration (BAC).
Boating under the influence, commonly called BUI, carries penalties similar to a DUI. Depending on the circumstances, a conviction may result in jail time, fines, probation, vessel impoundment, and even driver's license consequences.
If you were arrested for boating under the influence in California, understanding the law and your defense options is critical.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Boating Under the Influence Under California Law?
Harbors and Navigation Code 655 makes it illegal to:
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Operate any vessel while under the influence of alcohol or drugs
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Operate a recreational vessel with a BAC of 0.08 percent or higher
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Operate a commercial vessel with a BAC of 0.04 percent or higher
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Operate a vessel while impaired by drugs
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Cause injury while boating under the influence
The law applies to boats, jet skis, sailboats, motorized watercraft, and other vessels.
You do not have to be “driving” in the traditional sense. Operating or controlling the vessel is enough.
What BAC Levels Trigger a BUI Charge?
California BUI limits mirror DUI laws in many respects.
Recreational vessel operators
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BAC of 0.08 percent or higher creates a presumption of impairment
Commercial vessel operators
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BAC of 0.04 percent or higher
Under 21
Drug impairment
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No specific numeric limit
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Prosecutor must prove impairment
What Is Considered “Under the Influence”?
A person is under the influence if alcohol or drugs impair their mental or physical abilities to the extent they can no longer operate a vessel with the caution of a sober person using ordinary care under similar circumstances.
Evidence may include:
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Erratic operation
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Speeding or reckless boating
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Failure to yield
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Collision involvement
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Chemical test results
What Is Aggravated BUI?
Harbors and Navigation Code 655 also criminalizes boating under the influence causing injury.
If someone other than the operator is injured as a result of impaired boating, the charge may be filed as a felony.
The prosecution must prove:
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You were operating the vessel
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You were under the influence
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You committed an unlawful act or negligent act
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The act caused bodily injury
Great bodily injury is not required. Even minor injury can elevate the case.
Can You Be Arrested Without an Accident?
Yes.
Law enforcement officers, including local marine patrol units and the United States Coast Guard, may detain and investigate based on reasonable suspicion.
Indicators may include:
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Unsafe maneuvers
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Excessive speed
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Party activity onboard
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Equipment violations
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Safety infractions
Under California Penal Code 836, officers have authority to arrest for violations of Harbors and Navigation Code 655.
Some waterways fall under federal jurisdiction, which may allow concurrent state and federal charges.
What Are the Penalties for a BUI Conviction?
A BUI conviction can result in:
First offense misdemeanor
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Up to 6 months or 1 year in jail (depending on circumstances)
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Fines up to $1,000 plus assessments
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Probation
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Alcohol education program
Felony BUI (injury cases)
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Up to 3 years in state prison
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Higher fines
Additional consequences may include:
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Vessel impoundment or forfeiture
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Driver's license consequences
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Permanent criminal record
Penalties increase if you have prior convictions within seven years, including prior DUI or BUI offenses.
Refusing a chemical test after a lawful request can also increase penalties upon conviction.
What Are Common Defenses to Boating Under the Influence?
BUI defenses are often similar to DUI defenses.
Possible defenses include:
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Lack of probable cause for detention
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Improper stop or boarding
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Inaccurate breath or blood test
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Improper calibration of testing equipment
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Improper collection or storage of blood samples
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Rising BAC defense
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No proof of impairment
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No proof that you were operating the vessel
For injury cases, the prosecution must also prove that your unlawful act caused the injury.
Challenging causation is often critical in felony BUI cases.
Frequently Asked Questions
Is boating under the influence treated like DUI?
Yes. The structure of the offense and its penalties closely resembles that of DUI laws.
Can I lose my driver's license for a BUI?
In some cases, yes. A conviction can affect your driving privileges.
Does the Coast Guard have the authority to arrest for BUI?
Yes. Federal authorities may enforce BUI laws, especially on federally controlled waterways.
What happens if I refuse a chemical test?
Refusal can result in enhanced penalties if you are later convicted.
Is BUI always a misdemeanor?
No. If someone is injured, the case may be charged as a felony.
Why You Need an Experienced Criminal Defense Attorney
Boating under the influence cases often rely heavily on:
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Officer observations
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Field sobriety testing on unstable surfaces
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Chemical testing procedures
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Jurisdictional authority
An experienced criminal defense attorney can evaluate whether the stop was lawful, whether testing was reliable, and whether the prosecution can prove impairment beyond a reasonable doubt.
Early intervention may lead to dismissal, reduced charges, or alternative sentencing options.
Contact a Los Angeles Criminal Defense Attorney
If you were arrested for boating under the influence in California, do not assume the case is straightforward. BUI charges can carry serious penalties and long-term consequences.
A knowledgeable Los Angeles criminal defense attorney can review your case, challenge improper procedures, and fight to protect your record and freedom.
Call for an immediate confidential consultation to discuss your legal options.
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