Mesa Boating DUI Lawyer

Mesa Boating DUI Attorney

A fun day out on the lake can turn into a stressful ordeal when law enforcement accuses you of being intoxicated while operating a motorboat. Arizona’s boating DUI laws prohibit anyone operating a motorboat from being under the influence of drugs, alcohol, or both. If you were recently charged with this offense, you can rely on the legal representation of a Mesa boating DUI lawyer to fight the charges and work to reduce the penalties you are facing.

A Mesa DUI lawyer can review your case and customize a legal strategy that protects your rights and weakens the prosecution’s case. Strategies may include calling into question the toxicology results, examining whether the police had probable cause to pull you over, and other strategies.

How Do Arizona’s Boating DUI Laws Work?

Arizona’s revised statutes criminalize the use of any motorboat when the operator is intoxicated. The law works similarly to DUI laws for vehicles. Boating under the influence (BUI) in Arizona is typically a misdemeanor. Penalties vary based on prior offenses and the circumstances.

Arizona law prohibits operating a motorized boat while under the influence of drugs or alcohol within two hours of operation, meaning you can potentially be arrested and charged with a boating DUI up to two hours after you stop operating the boat.

Similar to DUI laws, boating DUI charges apply with a blood alcohol content (BAC) above .08, though impairment alone can suffice. Higher BAC levels can result in more serious criminal penalties. As with other criminal laws, the presence of aggravating factors can increase the severity of the criminal charge you are facing.

Penalties for a first offense include potential jail time, mandatory alcohol screening, fines, surcharges, and community service. Jail time can often be partially suspended, requiring at least one full day served. Repeat offenses within seven years increase penalties, possibly involving 90 days to six months in jail. Attorneys may negotiate alternatives like probation or home confinement.

What to Do If You Are Arrested for a Boating DUI?

If you find yourself in a situation where you are operating a boat while intoxicated and are stopped by law enforcement, it’s crucial to remain calm and cooperative. Remember, you have the right to remain silent when it comes to questions about your sobriety. Anything you say can be used against you later on.

Have your identification, boat registration, and any required documentation ready to present to the officers. Failing to provide basic identification could result in citations or criminal charges. Unlike DUI stops on land, you are not required to perform field sobriety tests (FSTs) on the water. Do not take the test unless you are 100% sure you will pass it.

Cooperate with the officers within the bounds of your legal rights. Resisting arrest or becoming confrontational can lead to additional charges.

Law enforcement generally has the authority to arrest you if they suspect you are intoxicated and operating a motorboat. Even if they do not have jurisdictional authority to arrest you, do not resist any actions taken by law enforcement. Any violations of your rights could help your case later on.

As soon as you can, contact our Mesa criminal defense lawyer to see your options. Having legal representation can make the difference between a favorable outcome to your criminal charges and having to face serious penalties.

Possible Defenses Against a Boating DUI in Mesa

Defending against Boating Under the Influence (BUI) in Arizona involves strategies similar to DUI cases.

Your attorney may explore these legal defenses against boating DUI charges:

• Invalidating field sobriety tests: Field sobriety tests are not standardized. A skilled defense attorney can attack the credibility of a field sobriety test. The reliability of a test that is given on open water can be questioned in court because the interpretation of the test is often subjective.
• Challenging BAC results: The testing equipment used to determine blood alcohol concentrations is not always reliable. The equipment must also be calibrated frequently in order to remain accurate. Even when used properly, testing equipment often has margins of error. Law enforcement must follow specific protocols when taking breath or blood samples for BUI cases. A single mistake can jeopardize the investigation and undermine the credibility of the BAC results. Many officers patrolling Arizona lakes are less experienced with these tests compared to those handling DUI cases.
• Questioning accident reconstruction: If your criminal case involves an accident, law enforcement may reconstruct parts of the scene that led to the accident. These methods can often be unreliable because there is often less physical evidence left from accidents that happened over the water.
• Challenging the boat stop: Even when law enforcement argues that they made the stop as part of a checkpoint operation or other reason, your attorney can question the legality of the stop. Any evidence obtained through an illegal stop and seizure can be dismissed from the case, which can greatly help your case.
• Verifying jurisdiction: Due to many of Arizona’s waterways bordering other states, a competent boating DUI lawyer must verify that the alleged criminal activity occurred within Arizona’s jurisdiction.

No matter how or why you were arrested, the job of any defense attorney is to explore every legal defense possible so their client does not face the most serious penalties of the charges they are facing.

Do I Need an Attorney to Represent Me?

Having an attorney can greatly reduce the chances that you face the more serious penalties possible under your criminal charges. An attorney brings years of experience helping clients facing DUI resolve their cases on favorable grounds.

Without an attorney, you risk missing court dates and other requirements that can cause you to be re-arrested. Your lawyer can help you navigate your bond conditions and other requirements, so you stay in compliance with the court’s restrictions and requirements.

An experienced criminal defense attorney understands what types of evidence will help your defense. Witness testimony, police lab results, the calibration history of any police testing equipment used, and other forms of evidence can help your case.

If the evidence shows that you did not commit a crime, your attorney will work to have the charges dropped. In some cases, the acceptance of a plea bargain may be in your interest. By negotiating with prosecutors, your lawyer may be able to work out a fair plea bargain agreement that you can live with.

An attorney is a staunch advocate for your interests who will protect your rights. Having legal representation can add peace of mind to a stressful time in your life.

Mesa Boating DUI FAQs

Q: How Do I Get a DUI Dismissed in Mesa, Arizona?

A: You can get a DUI dismissed in Arizona by taking time to research which Mesa criminal defense attorneys have a great track record of defending clients facing boating DUIs. The right attorney will understand which defense strategies could yield optimal outcomes for their clients.

If you represent yourself in court, you risk saying or doing something that could be self-incriminating.

Q: What Can a DUI Be Reduced to in Mesa, AZ?

A: A boating DUI (BUI) charge may potentially be reduced to a lesser offense depending on the specifics of the case and the skill of the defense attorney. Possible reductions include reckless boating, which focuses on unsafe operation without the specific element of intoxication, or negligent operation, which centers on careless behavior rather than impairment.

In some cases, the charge could be reduced to a civil violation with associated fines but no criminal record.

Q: What Is the Highest Cost for a Boating DUI?

A: Being convicted of a boating DUI could lead to a Class 1 misdemeanor. While not as serious as a felony, a misdemeanor could lead to six months of jail time and thousands of dollars in fines. A judge may suspend jail time if the defendant has no criminal record. The sentence could be harsh for repeat offenders.

Q: What Does a Boating DUI Attorney Charge in Mesa?

A: The cost of your criminal defense in Mesa, AZ will depend on the hourly fee or flat fee charged by your attorney and the time and resources your lawyer puts into your case. If your attorney charges by the hour, they may require an up-front retainer that is billed until it is depleted. Once the retainer is depleted, you will have to pay another retainer.

Q: Can I Operate a Boat While Facing DUI Charges?

A: In Arizona, your boating privileges may be suspended while you face criminal charges. The specifics of your case depend on conditions set by the court and any administrative actions taken by the Arizona Game and Fish Department.

It is important to review any court orders or conditions of your release to determine if there are specific restrictions on your boating privileges. Failing to comply with the terms or bond conditions and other restrictions could result in you being re-arrested.

Schedule Your Mesa Boating DUI Consultation Today

With the right legal representation, you may be able to fight your boating DUI charges. Having an attorney can greatly reduce the chances that you face the harvest penalties under the law. Your lawyer can investigate the incident and raise questions about how you were deemed to be under the influence of drugs or alcohol.

The attorneys at Grand Canyon Law Group understand the state’s boating and DUI laws. We have represented many clients who were in a similar predicament as you are. To schedule your boating DUI consultation, contact our office today.

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