PC §1001 - BOATING UNDER THE INFLUENCE (BUI)
CLASS D MISDEMEANOR
(a) Definition
Boating under the influence refers to operating a vessel while impaired by alcohol or drugs to the extent that it affects the operator's ability to safely control the vessel.
Types of Impairment
Alcohol: Operating a vessel with a blood alcohol content (BAC) of 0.08% or higher.
Drugs: Being under the influence of drugs or controlled substances that impair the operator's ability to safely navigate the vessel.
(b) Elements of the Offense
The following elements must be met to constitute an offense related to boating under the influence:
The defendant operated a vessel while impaired by alcohol or drugs.
The impairment affected the defendant's ability to safely operate the vessel.
The offense occurred on San Andreas waters.
(c) Defenses
(a) It shall be a defense if the defendant can prove that their impairment was not significant enough to affect their ability to safely operate the vessel. (b) Evidence that the impairment was due to a medical condition or was otherwise legally justified may also serve as a defense.
(d) Aggravating Factors
Aggravating factors such as causing an accident, repeat offenses, or high levels of impairment may result in increased penalties or additional charges as determined by the court.
Penalties Penalties for boating under the influence can vary widely. They may include: JAIL TIME
Up to 40 Seconds in county jail, or longer if aggravating factors are present.
BOND SET
$4,000.00
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