The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending misdemeanor and felony DUI defense clients in criminal cases and Mr. Wagner is ready to help you.
Boating Under the Influence (BUI) Lawyer Orange County
A Boating Under the Influence (BUI) charge in Orange County can lead to jail time, fines, and mandatory boating safety programs. Former DUI prosecutor Richard Wagner defends BUI cases under Harbors & Navigation Code §655 and fights to reduce or dismiss charges. (714) 721-4423
Harbors & Navigation Code §655(b) & §655(c) Defense Attorney
If you were arrested for Boating Under the Influence (BUI) in Orange County or anywhere in California, you likely have many questions about what happens next. Although BUI cases may seem less serious than a standard DUI, California treats drunk boating as a criminal offense with penalties that include jail, probation, mandatory boating safety courses, and long-term consequences if you have prior DUI convictions.
Attorney Richard Wagner, a former DUI prosecutor and highly respected California criminal defense attorney, has successfully defended clients in BUI cases involving recreational boats, jet skis, sailboats, aquaplanes, and other watercraft. Boating enforcement is unique, and these cases present opportunities for strong defenses.
If you don’t see the answers to your questions here, please call (714) 721-4423 for a free consultation.
What Is Boating Under the Influence (BUI) in California?
California’s Harbors & Navigation Code §655(b) makes it a crime to:
“Operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of alcohol, drugs, or a combination of both.”
Harbors & Navigation Code §655(c) applies when law enforcement alleges:
“Operating a recreational vessel or similar device with a blood alcohol concentration (BAC) of 0.08% or more.”
These laws apply to power boats, sailboats, jet skis, Sea-Doos, Waverunners, kayaks, and even towable devices.
Penalties for a BUI Conviction in California
Unlike a typical DUI, BUI convictions do not trigger a DMV license suspension, but the criminal penalties still carry significant consequences.
First Offense BUI Penalties
Harbors & Navigation Code §655(b)(1) or (c)(2)
- Up to 6 months in county jail (no minimum required)
- A fine of up to $1,000 + penalty assessments
- Mandatory completion of a boating safety course
- If probation is granted, the judge may require participation in an alcohol or drug education or treatment program
- Possible probation terms lasting 1–5 years
- Possible community service or work release depending on the county
A BUI conviction does not affect your driver’s license. There is no DMV Admin Per Se suspension, even for high BAC or refusal situations.
Second Offense BUI Penalties
(Within 7 years of a prior DUI or BUI conviction)
If you have one or more prior BUI or DUI convictions within 7 years:
- Up to 1 year in county jail (again, no minimum required)
- Fine of up to $1,000 + penalty assessments
- Court may order an 18-month or 30-month drinking driver program (similar to second or third DUI requirements)
- Longer probation terms and stricter conditions
- Courts often impose alcohol monitoring or abstinence conditions
Important: Prior DUI and BUI Convictions Count Against Each Other
California Vehicle Code §23620 states that:
A prior conviction for BUI counts as a prior DUI, and a prior DUI counts as a prior BUI.
This means:
- A BUI can increase penalties for a future DUI
- A DUI can increase penalties for a future BUI
- Prosecutors and courts treat them interchangeably for sentencing purposes
This is one of the most misunderstood parts of California BUI law and why strong representation matters.
Do BUI Arrests Trigger a DMV Suspension?
No. Unlike DUI cases, there is no DMV suspension (APS or Mandatory action) for operating a boat under the influence—even if:
- Your BAC was 0.08% or higher
- You refused a chemical test
- You are convicted in criminal court
This principle is confirmed in Cinquegrani v. DMV (2008) 163 Cal.App.4th 741, which held that DMV does not suspend or revoke a driver’s license based on BUI conviction.
However, if alcohol or drug impairment occurred while operating a vehicle on land, the DMV rules still apply.
Why BUI Cases Are Often Easier to Challenge Than DUIs
Prosecutors frequently struggle to prove BUI cases beyond a reasonable doubt. Common weaknesses include:
1. Difficulty Proving Who Was Operating the Vessel
Unlike a car, boats often have multiple passengers moving around.
When officers arrive:
- Engines may be off
- People may be standing or sitting in different places
- No one is clearly behind a “wheel”
Establishing the actual operator is often the prosecutor’s biggest challenge.
2. Law Enforcement Training Is Less Specialized
Marine patrol officers are not DUI specialists.
Many lack advanced training in:
- Horizontal gaze nystagmus (HGN) administration
- Breath testing maintenance
- Field sobriety test protocols
- Proper acquisition of blood samples
This leads to procedural errors that can result in dismissal or reduction of charges.
3. Field Sobriety Tests Are Unreliable on Boats
Standardized Field Sobriety Tests (SFSTs) were designed for stable, flat, dry ground.
When conducted:
- On a moving boat
- After hours of sun exposure
- After balancing on uneven surfaces
- With water, wind, or wave motion
- When dehydration or seasickness is present
… results become scientifically questionable.
4. Environmental Factors Mimic Intoxication
Being on the water exposes people to:
- Sun
- Heat
- Motion
- Dehydration
- Fatigue
These conditions can cause:
- Red eyes
- Poor balance
- Slurred speech
- Delayed responses
— traits officers often misinterpret as intoxication.
5. Breath and Blood Tests Can Be Challenged
Improper equipment, temperature control issues, and poor sample handling can all undermine test reliability in the boating environment.
Can a BUI Be Reduced or Dismissed?
Yes. Many BUI charges are reduced or dismissed due to:
- Lack of clear proof of who was operating the watercraft
- Improper law enforcement procedure
- Problems with breath or blood testing
- Lack of probable cause
- Constitutional violations
- Failure to follow Title 17 requirements
- Inconsistent officer testimony
Common reductions include:
- Drunk in public
- Disturbing the peace
- Negligent boating violations
- Unsafe operation of a vessel
Attorney Richard Wagner routinely negotiates reductions or wins BUI dismissals based on investigative and evidentiary weaknesses.
The Criminal Court Process for BUI Charges
A typical BUI case involves:
1. Arraignment – first court appearance
2. Pre-trial negotiations
3. Legal motions challenging evidence
4. Trial (if necessary)
You do not need to appear in most hearings if you hire an attorney.
Why Hire an Orange County BUI Defense Lawyer?
Former DUI Prosecutor 27 Years of Experience
Attorney Richard Wagner offers:
- Deep knowledge of boating laws and Orange County courts
- Aggressive investigation of officer conduct and evidence
- Proven strategies that exploit weaknesses unique to BUI cases
- One-on-one attention and personalized defense
- Free consultations and straightforward guidance
Your defense begins immediately with a detailed analysis of the stop, the vessel operation, the officer’s observations, and the chemical testing procedure.
Request a Free Consultation
Facing BUI charges in Orange County? You do not need to face this alone.
Call (714) 721-4423 to request a confidential consultation with an experienced BUI defense attorney today.
Other DUI Related Resources:
Legal Authorities Referenced
Harbors & Navigation Code §655(b)
Prohibits operating any vessel while under the influence of alcohol/drugs.
Harbors & Navigation Code §655(c)
Criminalizes operating a recreational vessel with 0.08% BAC or higher.
Cinquegrani v. DMV (2008) 163 Cal.App.4th 741
Confirms no DMV Mandatory suspension for BUI.
California Vehicle Code §23620
States that BUIs count as DUI priors and vice versa.
Richard Wagner Will Fight For You
Priority #1: Zealous Advocacy – Protection Of Your Constitutional Rights
The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending clients in criminal cases, including: Battery on Police Officer, Battery Against A Spouse, Bench Warrants, Burglary, Disturbing the Peace, Disorderly Conduct, Domestic Violence, Driving on a Suspended License, DUI, Expungements, Forgery, Grand Theft, Hit and Run, Indecent Misdemeanors, Vehicular Manslaughter While Intoxicated Without Gross Negligence, Violation of Protective Order. Richard Wagner is the best drunk driving defense attorney in the Orange County.
Including your Constitutional Right: