Boating Under the Influence

It is unlawful in the state of Arizona, for anyone to drive, operate or be in actual physical control of a motorized watercraft while under the influence. State law specifies that if a person is impaired to the slightest degree due to liquor, drugs, vapor-releasing substances or any combination of intoxicants.

In Arizona, if you are cited for operating a watercraft under the influence it is important that you should consult experienced Arizona DUI lawyers like those associated with the Law Offices of Craig W. Penrod, P.C.

A person may be cited by law enforcement officers if they have a blood alcohol concentration (BAC) of 0.08 percent or higher if measured within two hours of operating or being in actual physical control of the motorized watercraft. The BAC measurement will trigger a citation if is is the result of alcohol consumed before or while operating or being in actual physical control of the motorized watercraft. State law also specifies that under the influence may include any drug or its metabolite that may remain in a person's body. Should the motorized watercraft be a commercial watercraft a BAC of 0.04 percent or more will result in a charge of operating under the influence. Also, state law specifies a zero tolerance regarding the operators of motor vehicles who are under the age of 21. That same applies to the operation of motorized watercraft. Zero tolerance means a 0.00 percent BAC within two hours of their arrest.

State law specifies that it is not a defense to a charge if the person is or has been entitled to use the drug under the laws of Arizona. A person using a drug prescribed by a medical practitioner licensed pursuant to state law is not guilty of violating state law.

In any court proceeding involving the operation or being in actual physical control of a commercial motorized watercraft, an adult defendant's BAC within two hours of the time of operating or being in actual physical control gives rise to the following presumptions:

  • If there was, at that time, 0.05 percent or lower alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
  • If there was, at that time, in excess of 0.05 percent but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
  • If there was, at that time, 0.08 percent or higher alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

It is important that your DUI legal situation should be handled by expert professionals with the experience possessed by the attorneys at the Law Offices of Craig W. Penrod, P.C.

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