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Arizona has a multitude of beautiful lakes and rivers suitable for boating and various watersports. However, while most Arizona residents are aware of the risks of drinking and driving a car, truck, or motorcycle, many are not aware of the dangers of boating under the influence of alcohol or drugs. In fact, the consequences of receiving a DUI while boating, also known as Operating Under the Influence (OUI) or Boating Under the Influence (BUI), can be just as serious as those for drunk driving a vehicle. If you are going to venture onto Arizona’s waterways, it is essential to understand the risks you face if you do so while consuming drugs or alcohol.

Arizona’s Boating DUI/OUI Laws

Under Arizona Revised Statutes §5-395, it is illegal for anyone to be in actual physical control of a motorized watercraft that is underway on Arizona waterways if:

• The operator is under the influence of alcohol, drugs, or any vapor releasing substance containing a toxic substance if the person is impaired in the slightest degree
• The operator has a blood alcohol concentration (BAC) of .08 or higher within two hours of being in actual physical control of the watercraft and the alcohol was consumed before or while operating the watercraft
• The operator has any drug or its metabolite as defined under A.R.S. 13-3401 in their system
• The watercraft is a commercial watercraft and the operator’s BAC is .04 or more

The fact that the operator may have been legally prescribed the drug by a medical provider is not a defense to operating a boat under the influence.

What is a “Motorized Watercraft” Under Arizona’s Statute?

In assessing whether you may be charged with a OUI/BUI in Arizona, it is important to know what is considered a watercraft. Under A.R.S. Section 5-301, a motorized watercraft may include any watercraft that is propelled by a motor or ‘machinery’, even if that motor or machinery is not the primary source of propulsion. For example, a sailboat may be considered a motorized watercraft if it has even a small motor as a backup source of power.

First OUI/BUI Offense in Arizona

If you are caught boating under the influence and it is your first offense, you may be charged with a Class 1 misdemeanor. Under Arizona law, this carries the following penalties:

• A minimum of 10 consecutive days in jail
• A minimum of $1250 in fines and court fees
• Drug and alcohol assessment and random screening for alcohol and drugs throughout any probationary term
• Substance abuse education and treatment if the Court determines it is necessary based on the facts of your case

Some of your jailtime may be suspended by the Court if you complete the required drug and alcohol screening.

Second OUI/BUI Offense Within 84 Months

If you are charged with a second OUI/BUI offense within 84 months of your first charge, you may still be charged with a Class 1 misdemeanor, but the jailtime and fines could be increased. For this charge, you face:

• A minimum of 90 days in jail, 30 of which you must serve consecutively
• Fines and fees of at least $3000
• A minimum of 30 hours of community service
• Substance abuse education and treatment

Aggravated OUI/BUI in Arizona

A third OUI/BUI charge within 84 months is considered an aggravated offense under A.R.S. Section 5-396 and will be prosecuted as a Class 4 felony. You may also be charged with this offense if you had a minor under age 15 in the watercraft at the time of the incident. If you are convicted of this offense, you face the following penalties:

• A minimum of 4 months in prison and a maximum of one year
• Mandatory drug and alcohol screening
• Substance abuse education and treatment as directed by the judge
• A possible permanent revocation of your privilege to operate a watercraft, or a suspension of your operating privileges for a period determined by the court. This prohibition may be extended to any other waterway in the United States.
• Forfeiture of your watercraft. If the Court requires this, you will be forced to surrender your boat to the state of Arizona with no compensation to you.

If you are convicted of a fourth aggravated OUI/BUI, you may be subject to a minimum of 8 months and a maximum of 2 years incarceration. Additionally, if you caused a boating accident that injured or killed another person, you may be charged with aggravated assault, or even manslaughter.

Arizona Law on Extreme OUI/BUI

If you are caught operating a boat with a BAC of .15 or higher within two hours of operation, you may be charged with Extreme OUI/BUI under A.R.S. Section 5-397. As with a Class 1 misdemeanor, the possible penalties depend upon whether it is your first, second, or third offense within 84 months.

For a first time Extreme OUI/BUI, you face a minimum of 30 days in jail and fines and court costs of up to $2500. A second offense will subject you to a minimum of 120 days in jail, 60 of which must be served consecutively, up to $3250 in fines and court costs, and a minimum of 30 hours of community service. If it is your third offense within an 84-month period, you may be convicted of an aggravated offense and subject to the following:

• A minimum of 4 months in incarceration
• Fines and costs of at least $4000
• Mandatory alcohol and drug screening, as well as treatment if deemed necessary by the court
• Probation
• Forfeiture of any watercraft used in the incident

Possible Defenses Against Boating Under the Influence in Arizona

If you realize you may have had too much to drink or are otherwise impaired while operating your boat, and you pull over to give yourself time to sober up but leave your boat running, you may argue that you were not in “actual physical control” of your boat during that time. You may also dispute any OUI/BUI charge if you were not properly read your rights before you gave a statement that incriminated you, or you requested an attorney, but officers continued to question you without allowing you access to your counsel. You may also be able to challenge the accuracy of the breathalyzer or the equipment used to analyze any blood sample taken from you, or the experience or certifications of the person who administer the test.

Other Considerations in an Arizona OUI/BUI

There are several other essential things to know about Arizona boating under the influence charges. First, if you are convicted of boating under the influence, the conviction will not appear on your driving record, but it will appear on your criminal record. This may impact your ability to get a job or housing.

Second, if law enforcement has probable cause to believe that you are operating your watercraft under the influence of drugs or alcohol, you are required to submit to a breathalyzer or blood test. If you refuse, you may be charged with an additional Class 1 misdemeanor under A.R.S. Section 5-395(L).

Finally, wardens from the Arizona Game and Fish Department regularly patrol Arizona’s lakes and may legally conduct OUI/BUI checkpoints. These wardens have the same authority as Arizona police to arrest and charge criminal behavior, including boating while drunk or impaired.