Arizona Lake DUI’s

If you haven’t rented a pontoon boat for a day on Bartlett Lake, or boated to a low cliff to jump at Saguaro Lake, you’re missing out on key parts of the Arizona experience. In an area where you’re more likely to see triple digits than snow, and residents experiment with cooking eggs and cookies in their cars and on sidewalks during the summers, there needs to be a place to get away. But you should be careful if you decide to enjoy alcoholic beverages during a day out on the water, because Arizona’s impaired boating laws are extremely similar to its DUI laws. Additionally, Arizona police officers often patrol the roads around boating areas looking for impaired drivers. An Arizona OUI or DUI arrest should be defended thoroughly and aggressively. For your free consultation with one of our experienced Phoenix defense attorneys, call 602-661-0988. 

Operating Under The Influence

While a boat DUI might be referred to as a BUI in some areas, the technical term in Arizona for impaired boating is operating under the influence, or OUI. The offense is charged under A.R.S. § 5-395. In the state of Arizona, it is illegal to operate or have actual physical control over a motorized watercraft while under the influence of any intoxicating substance. This is separate from DUI, which is defined by A.R.S. § 28-1381. 

Reasons You Might Be Pulled Over While Boating

Arizona police routinely conduct OUI checkpoints to monitor our lakes and rivers for drunk boaters. As long as they are conducted fairly and randomly, e.g., pulling over every third boat that goes by, convictions obtained through OUI checkpoints are upheld in court. Once stopped at an OUI checkpoint, the police can breathalyze the boat operator and make an arrest if necessary. 

Another reason you might be pulled over while boating is for violating a boating law besides A.R.S. § 5-395. Speeding, especially in a no-wake zone, can give the police ample cause to pull over your boat. The police may pull you over if they see child passengers who aren’t wearing life vests, or if your watercraft appears to be overloaded. The police can also pull over a boat if they observe littering or dumping toxic or hazardous substances. There are almost infinite reasons that the police could have reasonable suspicion to investigate a boater for OUI. 

Another common reason we see defendants arrested for OUI is that the police observed open alcohol containers on the watercraft. It’s true that many people have open alcohol containers on their boats and don’t get pulled over by the police. However, when the observation of open alcohol containers is combined with rowdy behavior, erratic watercraft operation, etc., it makes an OUI stop and arrest easy for the police. 

Impaired Operation Penalties

The penalty ranges for OUI and DUI convictions are similar, although there are driving privilege implications for someone convicted of DUI in Arizona. Any penalties that apply to DUI convictions but not OUI convictions are italicized. Unless otherwise specified, the offenses described below are misdemeanors. Misdemeanors are punishable by time in jail rather than time in prison. They aren’t as serious as felonies, but can still make life difficult for a convicted defendant. 

Base Level, First Offense

• 10 days in jail (up to 9 days can be suspended)
• At least $1,250 in fines
• Community service
• Drug and alcohol screening and education
• Minimum driver’s license suspension of 90 days
• 1-year IID use with possibility of 6-month reduction
• Defensive driving school

Extreme Level, First Offense

• 30 days in jail (up to 21 days can be suspended)
• At least $3,000 in fines
• Community service
• Drug and alcohol screening and education
• Minimum driver’s license suspension of 90 days
• 1-year IID use
• Defensive driving school
• 30-day vehicle impound

Super Extreme Level, First Offense

• 45 days in jail (up to 31 days can be suspended)
• At least $3,250 in fines
• Community service
• Drug and alcohol screening and education
• Minimum driver’s license suspension of 90 days
• 1-year IID use
• Defensive driving school
• 30-day vehicle impound

Base Level, Second Offense

• 90 days in jail (up to 30 days can be suspended with the completion of drug and alcohol treatment, 30 days must be served consecutively)
• At least $3,000 in fines
• Community Service
• Drug and alcohol screening and education
• Minimum driver’s license revocation of 1 year (possibility of restricted license after 45 days with installation of IID)
• 1-year IID use
• Defensive driving school

Extreme Level, Second Offense

• 120 days in jail (60 days consecutively)
• At least $3,250 in fines
• Community service
• Drug and alcohol screening and education
• Minimum driver’s license revocation of 1 year (possibility of restricted license after 45 days with installation of IID)
• 1-year IID use
• Defensive driving school
• 30-day vehicle impound

Super Extreme Level, Second Offense

• 180 days in jail (90 days consecutively)
• At least $4,250 in fines
• Community service
• Drug and alcohol screening and education
• Minimum driver’s license revocation of 1 year (possibility of restricted license after 45 days with installation of IID)
• 1-year IID use
• Defensive driving school
• 30-day vehicle impound

Third Offense- Felony Level

Receiving three DUIs or OUIs in an 84-month period is an aggravating factor that can result in felony charges. An OUI defendant in these circumstances will lose the associated watercraft to state forfeiture, but the same penalty doesn’t apply to third-time DUI defendants. 

• A minimum prison sentence of 4 months
• At least $4,000 in fines
• Minimum one-year driver’s license revocation
• Two-year IID use

There are other reasons that a defendant can be charged with a felony DUI besides receiving a third conviction in an 84-month period. If the driver has a passenger under 15 years of age, this is a felony in Arizona. The same applies for an OUI defendant arrested with a passenger younger than 15, but that defendant will be penalized with the underlying offense, even if it is a misdemeanor. A drunk driver can also be charged with aggravated DUI for being arrested on a suspended or otherwise restricted driver’s license, while ordered to have an IID installed, or while driving the wrong way on a highway. 

A felony conviction can essentially ruin the rest of a defendant’s life. Many employers and apartments will not approve applications from convicted felons. Convicted felons also lose rights like owning a firearm, voting, and running in elections. 

Face Your Arizona OUI Or DUI Charges Head On

If you are convicted of OUI or DUI in Arizona, there is no question about it- you will serve time behind bars. Fines and assessments, legal costs, and other expenses could put you in a terrible financial situation after finishing your sentence. This could be exacerbated by employment difficulties due to your conviction, or even additional damages if your arrest stemmed from a crash. You could also be left without the capability to drive or have your boat taken away. Taking swift legal action can mitigate the negative repercussions you experience after a Phoenix OUI arrest, whether or not you are eventually convicted. An experienced defense attorney can make all the difference, whether that means getting charges dropped, negotiating a favorable deal, or taking the case to trial to achieve a not-guilty verdict. To schedule your free consultation with one of our skilled Arizona private defenders, call 602-661-0988.