Penalties for Boating (Operating) Under the Influence in Arizona

In Arizona, it's not only illegal to drive a motor vehicle while under the influence, but also to operate a boat while impaired by drugs or alcohol.

This article explains Arizona's laws that apply to boating under the influence (often called "operating under the influence" or "OUI" for short) and the penalties you'll face for a conviction.

Arizona's Boating (Operating) Under the Influence Law

Arizona law makes it illegal to operate or be in actual physical control of a motorized watercraft while under the influence of drugs or alcohol.

Can You Get a Boating OUI in Arizona on a Boat Without a Motor?

In some states, you can get an OUI (or "BUI," short for "boating under the influence") in almost any type of watercraft. However, Arizona's OUI law applies only to motorized watercraft, including motor boats and personal watercrafts (jetskis).

How Does Arizona's Boating OUI Law Define "Under the Influence"?

Arizona's OUI law defines "under the influence" as "impaired to the slightest degree" or having a blood alcohol concentration (BAC) of at least .08%.

Penalties for Boating Under the Influence in Arizona

The penalties for boating under the influence depend on a number of factors, including whether the operator:

• has prior OUI convictions (prior DUIs don't count)
• had a person under the age of 15 aboard the watercraft, and
• had an excessive blood alcohol concentration (BAC).

See below for a discussion of the possible penalties for various types of OUI offenses.

Penalties for Standard OUIs (Boating Under the Influence) in Arizona

The consequences for a first, second, and third standard OUI are:

• First offense. A first-offense standard OUI is a class 1 misdemeanor. Most convictions carry at least $1,250 in fines and assessments and a minimum of ten consecutive days in jail. The judge must order all first offenders to complete an alcohol and drug assessment. Depending on the circumstances, the judge might also order the offender to participate in a substance abuse education or treatment program.
• Second offense within 84 months. A second-offense standard OUI is a class 1 misdemeanor. Second-offense convictions typically carry at least $3,000 in fines and assessments, a minimum 90 days in jail (30 of which must be served consecutively), and 30 hours of community service.
• Third offense within 84 months. A third-offense standard OUI is one type of "aggravated" OUI and a class 4 felony. Third-offense convictions typically carry at least $4,000 in fines and assessments and a minimum of four months in prison. Third offenders placed on probation must also complete an alcohol and drug screening and possibly a substance abuse treatment program. Perhaps the most serious financial penalty is forfeiture of the watercraft. The state will seize the watercraft owned and operated by the offender at the time of the offense.

Generally, for a first or second standard OUI, the judge can reduce the jail time if the offender completes substance abuse treatment.

Penalties for Extreme OUIs (Boating Under the Influence) in Arizona

An "extreme" OUI involves having a BAC of at least .15% but less than .2% within two hours of operating a motorboat. The consequences for a first, second, and third extreme OUI are:

• First offense. A first-offense extreme OUI is a class 1 misdemeanor. Most convictions carry up to $2,500 in fines and assessments and a minimum of 30 consecutive days in jail.
• Second extreme OUI within 84 months. An operator whose second-offense is an extreme OUI is guilty of a class 1 misdemeanor. Convicted boaters face up to $3,250 in fines and assessments, a minimum of 120 days in jail (60 of which must be served consecutively), and at least 30 hours of community service.
• Third offense within 84 months. The penalties for a third extreme OUI are the same as those for a third standard OUI. (See above.)

Generally, for a first or second extreme OUI, the judge can reduce the jail time if the offender completes substance abuse treatment.

Penalties for Super-Extreme OUIs (Boating Under the Influence) in Arizona

A "super-extreme" OUI involves having a BAC of .2% or more within two hours of operating a motorboat. The consequences for a first, second, and third super-extreme OUI are:

• First offense. A first-offense super-extreme OUI is a class 1 misdemeanor. A conviction carries at least $2,750 in fines and assessments and a minimum of 45 consecutive days in jail.
• Second super-extreme OUI within 84 months. An operator whose second-offense is a super-extreme OUI is guilty of a class one misdemeanor. Most convictions carry up to $3,750 in fines and assessments, a minimum of 180 in jail (90 of which must be served consecutively), and at least 30 hours of community service.
• Third offense within 84 months. The penalties for a third super-extreme OUI are the same as those for a third standard OUI. (See above.)

Penalties for Having Passenger Younger Than 15 While Boating Under the Influence in Arizona

A person who operates a motorboat under the influence with a passenger under the age of 15 can be convicted of an "aggravated" OUI.

Unlike third-offense "aggravated" OUIs (see above), an aggravated OUI based on an underage passenger doesn't carry a mandatory prison sentence. Instead, the required jail time is the same as it would be for the underlying offense. For example, if an operator with a BAC of .08% is convicted of their second OUI and there was a passenger on board younger than 15, there's a minimum 90-day jail sentence (30 of which must be served consecutively)—the same as for a second standard OUI. The biggest difference is that the offense is a class 6 felony instead of a class 1 misdemeanor. Convicted boaters also face at least $4,000 in fines and assessments and boat forfeiture.

Talk to an Arizona DUI Attorney

Arizona OUI law is complicated and the facts of every case are different. If you've been arrested for boating under the influence in Arizona, get in contact with an attorney who handles OUI cases (DUI attorneys are your best bet). A qualified attorney can help you understand how the law applies to the facts of your case and what penalties you might be facing.