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Community

Proving a Boating DUI Involves Many Issues

by UpClose Publications September 2, 2012
written by UpClose Publications September 2, 2012

A boating DUI, also known as operating under the influence (OUI), is a criminal charge, which involves operating a motorized watercraft under the influence of drugs or alcohol.

Over the past few years, there has been an increase in people being charged with OUI. With the amount of people in our community so close to the lake, and many of them patrons of the lake, I thought it would be a good idea to give you some information about what an OUI is, and what the possible consequences are when being convicted of an OUI.

In Arizona, the OUI laws are similar to the state laws of driving under the influence. Penalties of an OUI can include large fines, suspension or revocation of boat operator privileges, and even jail time. Just like the state’s driving laws, the Blood Alcohol Concentration level for which a boater is considered to be intoxicated in Arizona is .08 percent. There is a zero-tolerance rule for minors. The statute, which addresses OUI, is ARS 5-395.01.

Boating OUI cases have unique challenges, and require experience and knowledge to properly defend. Some of the legal issues raised with regard to an OUI charge revolve around the field sobriety tests. For example, many people have been asked to do field sobriety tests on a wet, slippery and swaying boat. Many other issues can come about in OUI cases, such as:

• Illegal search and seizure, violating the Fourth Amendment.

• Falsely high blood or breath test results, causing a person to be wrongfully charged with OUI, extreme OUI or super extreme OUI.

• Detention of boaters without reasonable suspicion.

• Use of outdated and uncalibrated breath testing machines.

The attorneys at Liszewski and Associates, PLLC, are experienced and knowledgeable in all facets of DUI and OUI law. As always, the consultation is free. So, call today if you or someone you know has been charged with a DUI or an OUI.

Liszewski and Associates, PLLC, is located at 2929 N. Power Road, Suite 101. For more information, call (480) 357-2933, or send an e-mail to www.myazattorney.com.

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