Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Boating Under the Influence

A boating under the influence allegation carries consequences that extend far beyond a citation on the water. Unlike a simple equipment violation or navigational error, a BUI investigation involves detailed legal standards, chemical testing procedures, and potential enhancements that can escalate the matter quickly. Many individuals are unfamiliar with how California’s boating laws operate or how easily recreational activity can be interpreted as impaired operation. These cases often unfold in dynamic environments where heat, fatigue, motion, and stress complicate both the encounter and the evidence. A person confronted with such allegations deserves clear guidance grounded in law and practical experience. Because timing and strategy are critical, early consultation with experienced counsel can make a measurable difference in the outcome.

San Diego Boating Under the Influence Lawyer — Harbors and Navigation Code § 655

Below, The Law Office of Michael E. Cindrich, APC explains the legal framework governing boating under the influence, the key terms and penalties involved, available defenses, important stages of a BUI case, and the role of a San Diego BUI lawyer in protecting and advancing the client’s interests. The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

If you have been charged with Boating under the influence, or any other DUI offense, call (619) 262-2500 for a free, confidential consultation.

Overview of Boating Under the Influence Charges in San Diego

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California Laws on Boating Under the Influence

Boating Under the Influence — Under Harbors and Navigation Code § 655(b), it is unlawful to operate a vessel or manipulate water skis, an aquaplane, or similar equipment while under the influence of alcohol, drugs, or a combination of both. The central question is whether the operator’s mental or physical abilities were impaired to the extent that safe operation was no longer possible, even if the person’s blood alcohol concentration (BAC) is below 0.08 percent. Prosecutors commonly rely on observations of boating behavior, coordination, speech patterns, physical symptoms, statements made by the operator, and chemical test results. A violation of § 655(b) is typically charged as a misdemeanor, punishable by up to six months in county jail, fines up to $1,000, probation terms, and alcohol education requirements. Penalties may increase when the operator has prior convictions involving boating or driving under the influence.

Boating With a 0.08 Percent BAC or Higher — Harbors and Navigation Code § 655(c) creates a per se offense for recreational vessel operators whose BAC measures 0.08 percent or more. In these cases, prosecutors may rely primarily—or exclusively—on chemical test results, even in the absence of outward signs of impairment. A rebuttable presumption supports the prosecution when the test is obtained within three hours of vessel operation. Penalties under § 655(c) generally mirror those in § 655(b), including misdemeanor charges, potential jail time, fines, probation, and required alcohol education programs.

Boating With a 0.04 Percent BAC in Non-Recreational Vessels — Harbors and Navigation Code § 655(d) applies to operators of vessels other than recreational vessels, including commercial or professional operators, and sets a lower legal limit of 0.04 percent BAC. This reflects heightened safety expectations for individuals engaged in commercial maritime activity. The statute includes a rebuttable presumption similar to the one in § 655(c), allowing juries to infer that the operator was at or above the legal limit if the test is administered within the statutory time frame. Penalties for violating § 655(d) include misdemeanor prosecution, potential incarceration, fines, probation, and possible employment-related consequences due to the operator’s professional role.

Boating While Addicted to Drugs — Under Harbors and Navigation Code § 655(e), it is a misdemeanor to operate a vessel while addicted to any drug, unless the operator is participating in a state-approved narcotic treatment program. The law does not require proof of current intoxication; rather, it focuses on addiction status. Penalties follow the general misdemeanor sentencing scheme for boating under the influence cases, potentially including fines, probationary conditions, and jail time depending on the operator’s criminal history and the circumstances of the offense.

Boating Under the Influence Causing Injury — Harbors and Navigation Code § 655(f) states that BUI causing injury is a wobbler offense that may be charged as a misdemeanor or felony, and its penalties are governed by the enhanced sentencing provisions in § 668(g). When impairment, a breach of legal duty or unlawful act, and a causal link to bodily injury are proven, a misdemeanor conviction carries 90 days to 1 year in county jail and a fine between $250 and $5,000, while a felony conviction is punishable under Penal Code § 1170(h) with 16 months, 2 years, or 3 years in county jail, plus the same fine range. Courts may also impose probation with mandatory alcohol/drug programs, restitution to injured parties, and additional penalties if chemical-test refusal enhancements apply.

Refusing Chemical Testing — Under Harbors & Navigation Code § 655.5, a proven chemical-test refusal does not create a separate penalty range but authorizes the court to increase punishment up to the statutory maximum already established in § 668 for the underlying BUI offense. This means that if the defendant refuses testing, the judge may impose the full allowable sentence for that category of BUI—for a first offense, up to 6 months in county jail and a $1,000 fine; for a second offense within seven years, up to 1 year in county jail and a $1,000 fine; and for BUI causing injury, up to 1 year in county jail or Penal Code § 1170(h) imprisonment and a fine up to $5,000.

Under-21 Boating With Alcohol — Harbors and Navigation Code § 655.6 prohibits individuals under 21 from operating a motorized vessel or towing equipment with a BAC of 0.01 percent or higher. A chemical test is not strictly required; prosecutors may prove a violation through other evidence showing alcohol consumption. Penalties are charged as infractions, with fines of up to $100 for a first offense and higher fines for additional violations within one year. The statute also incorporates mandatory alcohol education or community service requirements under Vehicle Code § 23502.

Chemical Testing Requirements — Harbors and Navigation Code § 655.1 sets forth the procedures governing chemical testing during boating under the influence investigations. It identifies the officer’s authority to request testing, details the advisements that must be provided to an arrested individual, and explains the available testing options depending on whether alcohol, drugs, or both are suspected. The statute also addresses procedures for unconscious individuals, those with medical conditions preventing certain tests, and situations where additional testing may be requested. A refusal triggers the penalty enhancements in § 655.5. Collectively, these rules determine how BAC evidence is gathered, admitted, and weighted in court.

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Key Elements That a Jury Looks at in a Boating Under the Influence Case in San Diego

Operation of a Vessel & Proof of Impairment — Jurors first decide whether the defendant operated or controlled a vessel and whether they were under the influence as defined by law. The question is whether alcohol, drugs, or both impaired the defendant’s ability to operate a vessel with the caution of a sober, ordinarily careful person. Evidence may include boating behavior, physical symptoms, coordination, balance, speech, responses to questions, and chemical test results. Statutory presumptions under Harbors & Navigation Code § 655(j) may guide the analysis but never replace the prosecution’s burden to prove impairment beyond a reasonable doubt.

Blood Alcohol Evidence, Presumptions & Testing Reliability — Jurors evaluate chemical test results together with statutory presumptions tied to the defendant’s blood alcohol level. They consider whether testing procedures were followed, whether the device worked properly, and whether the test timing reflects the defendant’s BAC at the time of operation. Evidence may address rising BAC, fermentation, or testing irregularities. While such results may support inferences of impairment, the prosecution still must prove its case beyond a reasonable doubt.

Legal Duties, Causation & CALCRIM Guidance in Injury Cases — In cases involving boating under the influence causing injury (§ 655(f)), jurors determine whether the defendant was impaired, committed an unlawful act or failed a legal duty, and whether that conduct proximately caused bodily injury. CALCRIM No. 2100 frames this inquiry, requiring jurors to assess whether the defendant’s act or omission was a substantial factor in causing injury. Jurors consider all surrounding circumstances—vessel operation, environmental conditions, and the conduct of others—before deciding whether causation has been proven beyond a reasonable doubt.

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Defenses to BUI Charges in San Diego

Lack of Impairment — The defense may argue the defendant was not actually impaired while operating the vessel and that observed symptoms were caused by non-alcohol-related factors such as fatigue, sun exposure, dehydration, medical conditions, nervousness, or instability from the boat’s motion. When these alternative explanations create reasonable doubt about true impairment, the prosecution may fail to meet its burden.

Inaccurate Chemical Testing — Chemical test results can be challenged if procedures were not followed, equipment was uncalibrated or malfunctioning, or samples were contaminated or improperly stored. Environmental factors may distort breath tests, and blood samples can ferment if mishandled. In drug cases, urine or blood tests may not reliably indicate actual impairment. If testing flaws call the accuracy of the reported BAC into question, jurors may discount or reject the prosecution’s scientific evidence.

Unlawful Detention or Arrest — A defense may assert that law enforcement lacked reasonable suspicion to detain the vessel or probable cause to arrest the operator. Evidence obtained after an unlawful stop—such as chemical test results—may be suppressed. If key evidence is excluded, the prosecution may be unable to proceed, especially where the stop was based on vague observations rather than specific, articulable facts.

Rising Blood Alcohol Levels — Because BAC can continue rising after a person stops drinking, a later chemical test may not reflect the defendant’s alcohol level during vessel operation. If alcohol was consumed shortly before or upon docking, the test results may overstate impairment. Demonstrating that the defendant was still in the absorption phase can weaken statutory presumptions and undermine claims that the legal limit was exceeded while boating.

Lack of Causation in Injury Cases — In cases under § 655(f), the prosecution must show not only impairment but that the defendant’s unlawful act or failure to perform a legal duty caused the injury. If environmental conditions, another vessel, passenger actions, or unrelated hazards were the true source of harm, causation may not be proven. Under CALCRIM 2100, the defendant’s conduct must be a substantial factor in the injury, and showing another factor was primarily responsible can defeat the charge.

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Role of a San Diego BUI Attorney

Immediate Evidence Intervention — A San Diego DUI lawyer acts promptly to secure boarding reports, officer notes, body-worn camera footage, chemical test data, and witness statements before they disappear. The attorney also documents environmental conditions—such as sun, heat, dehydration, vessel motion, or glare—that may have mimicked signs of intoxication on Mission Bay, San Diego Bay, or surrounding waters.

Challenging Waterborne Testing Procedures — Because BUI investigations occur on unstable, dynamic platforms, the attorney scrutinizes the reliability of field-sobriety and chemical testing. This review includes calibration logs, officer training, device maintenance, wind or spray interference, and whether test timing accurately reflected the client’s BAC during vessel operation. Any deviation from scientific or statutory standards becomes strategic leverage in the defense.

Defending the Stop, Boarding, and Arrest — A San Diego BUI lawyer evaluates whether Harbor Police, the Coast Guard, or other agencies had lawful grounds to stop, board, detain, or arrest the client. When a stop is based on vague or generalized observations rather than specific articulable facts, the attorney moves to suppress the resulting evidence—often leading to reduced charges or significantly weakening the prosecution’s case.

Strategic Case Control — The attorney manages all communication with San Diego prosecutors, challenges alleged injuries through detailed causation analysis, and prepares the client for each stage of the local court process. Using a strategy tailored to San Diego’s waterways and enforcement patterns, the lawyer safeguards the client’s rights and builds a focused, effective defense rather than relying on a generic, one-size-fits-all approach.

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Frequently Asked Questions About Boating Under the Influence in California

What happens after a boating under the influence arrest in San Diego?
A BUI arrest on San Diego waters—such as Mission Bay or San Diego Bay—typically leads to potential misdemeanor charges, chemical testing issues, and mandatory court appearances in the San Diego Superior Court. Early understanding of rights, local enforcement procedures, and available evidence is crucial.

How serious are boating under the influence penalties in San Diego?
San Diego BUI penalties can include jail time, fines, probation terms, and mandatory alcohol programs. The severity depends on impairment evidence, prior offenses, whether injuries occurred, and how the operator behaved during the incident.

Can someone refuse a test during a boating under the influence investigation in San Diego?
Refusing a chemical test on San Diego waterways may result in enhanced penalties, additional fines, and negative inferences in court. Local judges often view willful refusals as aggravating factors that limit defense options.

Does a boating under the influence charge in San Diego affect driving privileges?
A San Diego BUI generally does not cause an automatic driver’s license suspension. However, court-ordered conditions, probation terms, or alcohol-related findings may create indirect impacts on future driving eligibility.

When should someone contact a San Diego boating under the influence lawyer?
A person should contact a San Diego BUI lawyer immediately after release. Early representation helps protect constitutional rights, secure time-sensitive evidence, and influence how the District Attorney evaluates potential charges.

What can a San Diego boating under the influence lawyer do during the investigation stage?
A local BUI attorney can challenge chemical testing reliability, scrutinize Coast Guard or Harbor Police procedures, preserve witness statements or surveillance footage, and communicate with San Diego prosecutors to shape early case outcomes.

How does a San Diego boating under the influence lawyer defend complex injury cases?
Defense strategies focus on causation, statutory duties, impairment evidence, and CALCRIM requirements. In San Diego injury cases, a lawyer may argue that environmental conditions, other vessels, or passenger behavior—not the defendant—caused the harm.

What should someone expect during a consultation with a San Diego boating under the influence lawyer?
During a consultation, the lawyer reviews the facts, examines documents such as citations or test results, explains potential outcomes under San Diego practices, identifies defenses, and outlines practical next steps to help the client understand their options moving forward.

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Resources

California Harbors and Navigation Code § 655  — This source provides the full text of Harbors and Navigation Code § 655. A reader can review the laws governing boating under the influence, including alcohol limits, testing rules, evidentiary presumptions, injury-related provisions, and other requirements.

California Harbors and Navigation Code § 655.1  — This source provides the statutory rules governing chemical testing after a boating under the influence arrest. It explains testing options, advisements, officer authority, medical exceptions, and requirements for unconscious individuals.

California Harbors and Navigation Code § 655.5  — This source includes the statutory language for chemical test refusal penalties. It explains when refusal enhancements apply and how they must be proven in court.

California State Parks Division of Boating and Waterways – Alcohol and Boating Don’t Mix  — This PDF explains how alcohol affects boating safety. It provides general information on impairment, accident risks, and blood alcohol effects. The document helps readers understand safety issues and legal considerations connected to boating and alcohol use.

United States Coast Guard – Boating Under the Influence  — This resource outlines federal enforcement of boating under the influence laws. It explains impairment risks, accident statistics, penalties, and Coast Guard procedures. Readers can learn how federal authorities approach BUI enforcement and safety guidance.

CALCRIM No. 2100 – Driving or Operating a Vessel Under the Influence Causing Injury  — This source provides the official jury instruction used in DUI and BUI injury cases. It explains the required elements, definitions, causation rules, and the role of impairment evidence. Readers can understand how juries are instructed to evaluate these cases in court.

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Hire a Defense Attorney for Boating Under the Influence Charges in San Diego County, CA

A boating under the influence (BUI) charge is a serious alcohol- or drug-related offense that can result in fines, jail time, probation, and the suspension of boating privileges. Even a single arrest can impact your freedom, your record, and your ability to enjoy California’s waterways.

The Law Offices of Michael E. Cindrich provide experienced and strategic legal representation for individuals accused of boating under the influence. We work to protect your rights, examine the legality of the stop and investigation, challenge sobriety and chemical testing, and pursue the best possible outcome for your case.

Call (619) 262-2500 today for a free and confidential consultation to discuss your defense options.