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Boating DUI

Older man driving a boat. A Boating DUI can Result in Serious Consequences

A boating DUI, also known as an OUI (operating under the influence), in Phoenix, AZ, is just as serious as being charged with driving a motor vehicle. If you have been charged with a DUI while boating, an experienced DUI attorney such as James E. Novak can help investigate and fight the charges against you.

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Using motorized watercraft in any body of water in Arizona automatically gives consent to any DUI test requested by an officer that has reasonable suspicion that you are under the influence of alcohol or drugs.

You can be charged with an OUI with a boat, or other mode of motorized watercraft transportation such as a Jet Ski or wave runner. As with a DUI, you can be charged with an OUI if your BAC is at or above 0.08. The penalties of an OUI are similar to a DUI with some variations. If you have been charged with an OUI, contact The Law Office of James E. Novak today to discuss your case.

Who has Jurisdiction of Arizona Waterways?

Arizona waterways are governed by local police, the Arizona Game and Fish Department, the Arizona State Park Department, and the US Coast Guard. Any of these agencies can pull you over if they have probable cause to suspect you of operating a boat under the influence of alcohol or drugs.

What are My Rights if I am Pulled Over?

Using motorized watercraft in any body of water in the state of Arizona automatically gives consent to any blood, breath, or urine test requested by the officer who has pulled you over with reasonable suspicion that you are under the influence of alcohol or drugs. Refusing to consent to a test can result in fines of over $1,000.

What are the Penalties of an OUI in Arizona?

The penalties of an OUI in Arizona are steep and are likely to include jail time, high fees, and more. Working with an attorney who is experienced in both DUIs and OUIs can help in the possibility of getting your case dismissed or the charges against you reduced. The penalties of a first-offense and second-offense OUI are as follows:

First Offense OUI with BAC between 0.08 and 0.149

  • Minimum of ten days in jail
  • $1,250 or more in fines and fees
  • Complete an alcohol or drug screening
  • Participate in and complete alcohol or drug education/treatment program

First Offense Extreme OUI with BAC between 0.15 and 0.199

  • Minimum of 30 days in jail
  • $2,500 or more in fines and fees
  • Complete alcohol or drug screening and education/treatment program
  • Community service

First Offense Extreme OUI with BAC 0.20 or above

  • Minimum of 45 days in jail
  • $2,750 or more in fines and fees
  • Complete alcohol or drug screening and education/treatment program
  • Community service

Second Offense OUI with BAC between 0.08 and 0.149

  • Minimum of 90 days in jail
  • $2,500 or more in fines and fees
  • Complete alcohol or drug screening and education/treatment program
  • Community service

Second Offense Extreme OUI

  • Minimum of 120 days in jail
  • $2,500 or more in fines and fees
  • Complete alcohol or drug screening and education/treatment program
  • Community service

A third-offense OUi can be charged as a misdemeanor or a felony, and many prosecutors will seek a felony conviction. You will be required to spend a minimum of six months in jail, pay over $2,500 in fines and fees, and complete alcohol or drug treatment programs as directed by the court.

Contact The Law Office of James E. Novak

Contacting an experienced DUI/OUI attorney as soon as you are accused of an OUI can help create a strong defense, which can potentially lead to a complete dismissal of your charges or a reduced sentence. Contact The Law Office of James E. Novak today to schedule your case evaluation.

Client Reviews
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I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him. A. T.
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James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation. S. G.
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Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs. T. G.