Chandler OUI Defense Lawyers
Enjoying Arizona’s waterways is something many people do to escape the hot temperatures in the summer. But if you are planning on operating a watercraft such as a boat or jet ski, it is important to remember that operating a motorized watercraft while impaired is against the law.
Much like operating a motor vehicle on the highway, it is against the law to operate a motorized watercraft while impaired. Instead of a DUI (Driving Under the Influence), it is known as OUI (Operating Under the Influence) in Arizona.
Under A.R.S. 5-395, Operating Under the Influence (OUI) means operating a boat or a personal watercraft while under the influence of intoxicating liquor or drugs. It is unlawful for any person to operate or be in actual physical control of a motorized watercraft that is underway within Arizona under any of the following circumstances:
- While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor releasing substances if the person is impaired to the slightest degree.
- If the person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.
- While there is any drug as defined in A.R.S. 13-3401 or its metabolite in the person’s body.
- If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of 0.04 or more.
Motorized watercraft is defined in A.R.S. 5-301 as any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion. It is important to note that even a sailboat falls under this definition.
People can be convicted of DUI or OUI notwithstanding the fact that they are on private property or on a private lake. Being on a public roadway or lake is not required for the prosecutor to prove either DUI or OUI.
If you are boating on one of Arizona’s lakes, it is likely that you may encounter an OUI patrol. Officers with the Arizona Game & Fish Department are licensed peace officers and can cite and arrest anyone who is operating under the influence. If you are boating, you should exercise the same caution with alcohol as you would before operating a motor vehicle on the highway.
If you or someone you know has been charged with an OUI, contact the Attorneys for Freedom Law Firm or call our Chandler, AZ office at 480-755-7110. The experienced OUI lawyers at the Attorneys for Freedom Law Firm have been defending people charged with OUI (Operating Under the Influence) for nearly 3 decades.
Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110
