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Being charged with boating under the influence (BUI) can be an incredibly stressful and overwhelming experience. The fear of legal repercussions, the potential loss of your boating privileges, and the impact on your personal and professional life can feel like an insurmountable burden. These penalties can affect your reputation, job prospects, and even your family life. It’s important to remember that you don’t have to face this challenging situation alone, and defenses are available to help you fight the charges.
It’s crucial to have a knowledgeable and experienced attorney by your side to navigate the complexities of BUI law and build a strong defense. At Bernal Law, Attorney Pedro Bernal understands the gravity of your situation and is dedicated to providing compassionate, expert legal support. Contact Bernal Law today to protect your rights and secure the best possible outcome for your case.
What is Boating Under the Influence (BUI)?
Boating under the influence (BUI) is a crime in California under Harbors & Navigation Code 655. This law prohibits operating any boat, watercraft, jet ski, or vessel while under the influence of alcohol or drugs. It’s similar to driving under the influence (DUI) laws, but a BUI specifically applies to watercraft.
Key provisions of California’s BUI law include:
- Operating Under the Influence: It’s illegal to operate any vessel while under the influence of alcohol or drugs. This is similar to Vehicle Code 23152(a) for a DUI.
- Blood Alcohol Concentration (BAC) Limits: For recreational vessels, it’s illegal to operate with a BAC of 0.08% or higher. For commercial vessels, the limit is 0.04%.
- Negligent Acts: Operating a vessel under the influence and committing a negligent act that causes bodily injury to another person is also prohibited.
Violating these laws can result in severe penalties, including fines, imprisonment, and suspension of boating privileges.
What Are Common BUI Defenses?
BUI charges can have serious consequences, including hefty fines, imprisonment, and the suspension of boating privileges. However, several effective defenses can be used to challenge BUI charges, such as:
Improper Stop
One of the most common defenses against a BUI charge is challenging the legality of the initial stop. Law enforcement officers must have a reasonable suspicion that the operator is under the influence or committing a violation to stop a vessel legally. However, if the stop was conducted without reasonable suspicion or probable cause, any evidence gathered during the stop may be inadmissible in court.
Faulty BAC Testing
Another common defense is challenging the accuracy of blood alcohol concentration testing. Breathalyzers and other testing devices can sometimes provide inaccurate readings due to improper calibration, maintenance issues, or operator error. Additionally, factors such as medical conditions, specific diets, or mouth alcohol (from recent drinking or using mouthwash) can affect BAC results. Demonstrating that the BAC test was flawed can undermine the prosecution’s case.
Questioning Officer’s Observations
A defense attorney can question the arresting officer’s observations and testimony. Factors like weather conditions, the operator’s physical condition (e.g., fatigue or seasickness), or the boat’s mechanical issues can be mistaken for signs of intoxication. If the officer’s observations are shown to be unreliable or misinterpreted, it can weaken the prosecution’s case.
Field Sobriety Tests (FSTs) Reliability
Field sobriety tests (FSTs) conducted on the water can be unreliable. The rocking motion of the boat, uneven surfaces, and other environmental factors can affect an individual’s performance on these tests, leading to false indicators of intoxication. Demonstrating that the FSTs were improperly administered or unsuitable for the boating environment can be a valid defense.
How Can a San Diego BUI Lawyer Help Defend Your Case?
Facing a BUI charge can be overwhelming. Fortunately, a skilled BUI lawyer in San Diego can be your greatest asset in navigating this legal challenge. These professionals can help you with:
- Navigating Legal Procedures: A San Diego BUI lawyer understands the intricacies of California’s boating laws and can expertly navigate the legal procedures, ensuring your case is handled correctly and efficiently.
- Challenging Evidence: An experienced lawyer can scrutinize the evidence against you, including BAC test results and officer observations. They can identify inaccuracies or procedural errors that may weaken the prosecution’s case.
- Defending Your Rights: A BUI lawyer ensures your rights are protected throughout the legal process. They will challenge any unlawful stops or searches and ensure that any violations of your rights are addressed.
- Negotiating Plea Deals: If a plea deal is in your best interest, a skilled San Diego BUI lawyer can negotiate on your behalf, potentially reducing charges or penalties.
- Court Representation: If your case goes to trial, a BUI lawyer will represent you in court, presenting a strong defense, cross-examining witnesses, and arguing your case to achieve the best possible outcome.
Facing a BUI charge can be overwhelming, but you don’t have to navigate it alone. At Bernal Law, Attorney Pedro Bernal can provide the strong defense you need.
Why Choose Bernal Law for Your BUI Defense in San Diego?
When facing a BUI charge, you need a seasoned attorney who understands the complexities of the law and is dedicated to protecting your rights. At Bernal Law, we leverage our extensive experience as former prosecutors to build robust defenses for our clients. We are committed to examining every detail of your case, from the legality of the stop to the accuracy of BAC tests, to ensure the best possible outcome.
Our bilingual services in English and Spanish allow us to effectively communicate and represent a diverse range of clients. With years of experience on both sides of the courtroom, we have a comprehensive understanding of how prosecutors think and operate, giving us a unique advantage in defending your case. Reach out to Bernal Law today to secure knowledgeable and compassionate legal representation. Call us at (619) 736-9092 or fill out our contact form.