This guide is for anyone facing boating-related charges or accidents in Lake Havasu. Whether you have been arrested for OUI/BUI or involved in a boating accident, understanding your rights and the legal process is crucial. We explain your rights, the legal process, and how an experienced Lake Havasu boating accident lawyer can help protect your future. The consequences of a boating accident or OUI/BUI arrest can be serious, affecting your freedom, finances, and reputation.
It is the perfect weekend. The sun is shining, the water on Lake Havasu is glass, and you are out on the boat with friends. Maybe you had a few beers while fishing. Maybe you had a cocktail while watching the sunset near the London Bridge.
Then, you see the flashing lights of a patrol boat.
Your heart sinks. You are being pulled over. The officer asks you to do some tests. Next thing you know, you are being arrested for Operating Under the Influence (OUI). In Arizona, OUI refers to operating a motorized watercraft under the influence of intoxicating liquor. An OUI is committed while operating a boat or a personal watercraft while under the influence of intoxicating liquor or drugs. In Arizona, it is illegal to operate a motorized watercraft while under the influence of alcohol or drugs.
As you sit there, one terrifying thought races through your mind: “Am I going to lose my driver’s license? How will I get to work on Monday?”
I am Keith Knochel, and for over 30 years, I have been helping people in Bullhead City, Kingman, and Lake Havasu navigate these scary moments, including those involving losing a loved one due to accidents on the water. As a Lake Havasu boating accident lawyer, I know the river. I know the law. And I know that a fun day on the water shouldn’t ruin your life. Arizona’s lakes, including Lake Havasu, are popular destinations for boating and other water activities, and they are regularly patrolled by law enforcement and Game and Fish Department officers to ensure safety for everyone on the water.
This is the number one question we get from clients arrested on the Colorado River or Lake Havasu: Is an OUI the same as a DUI?
The short answer is: No, but it is complicated.
In this guide, we are going to break down the law in simple terms. We will explain why your driver’s license might be safe, what penalties you do face, and how Knochel Law Offices can help you fight these charges.
Why You Need a Lake Havasu Boating Accident Lawyer
Choosing a lawyer experienced in Arizona and Lake Havasu boating accidents helps to manage the complexities of maritime laws and insurance policies. An attorney familiar with Lake Havasu and Arizona laws provides a significant advantage in handling boating accidents and OUI/BUI cases. A personal injury lawyer specializing in boating accidents must have a history of handling complex claims, as these cases often involve unique legal and insurance challenges. Attorneys who offer free consultations and have experience with maritime law are recommended for boating accident cases. When you are facing criminal charges or seeking compensation after a boating accident, having a Lake Havasu BUI/OUI lawyer with local knowledge and a proven track record can make all the difference in protecting your rights and your future.
What is the Difference Between OUI and DUI in Arizona?
First, let’s talk about the names.
- DUI stands for Driving Under the Influence. This happens in a car, truck, or motorcycle on the road.
- OUI stands for Operating Under the Influence. This happens on a boat or personal watercraft (like a Jet Ski) on the water.
In Arizona, these are two separate laws. Arizona BUI laws specifically govern boating under the influence, outlining statutes, enforcement, and penalties for those charged with BUI offenses.
The “0.08” Rule is the Same Just like in a car, the legal limit for alcohol on a boat is 0.08% Blood Alcohol Concentration (BAC). If you blow a 0.08% or higher, you are considered impaired. A regular OUI charge applies when a boater’s BAC is between 0.08 and 0.15, similar to regular DUI laws for drivers. Law enforcement measures BAC within two hours of operating the watercraft to determine legal impairment. Under Arizona Revised Statute § 5-395, it is illegal to operate a motorized watercraft while under the influence of alcohol or drugs.
The “Slightest Degree” Rule Here is a scary fact: You can be arrested even if you blow under a 0.08%. Arizona law says if you are impaired to the “slightest degree,” you can be charged. This means if an officer thinks you look tipsy, even if you only had two drinks, you can go to jail.
The Big Question: Will I Lose My Driver’s License?
This is the good news.
In Arizona, an OUI conviction does NOT automatically suspend your driver’s license.
Why? Because the Arizona Department of Transportation (ADOT) handles driver’s licenses, and they treat boating and driving as separate activities.
- If you get a DUI in a car, ADOT suspends your license.
- If you get an OUI in a boat, the Arizona Game and Fish Department handles the penalty.
Arizona carries strict penalties for boating under the influence, so it is important to seek legal representation if you are facing OUI charges.
However, there is a catch. While you can still drive your car to work, you WILL lose your privilege to operate a boat if convicted. And if you have a Commercial Driver’s License (CDL), you need to be extra careful. While a basic OUI might not trigger an automatic CDL suspension like a car DUI would, it can still affect your employment if your company runs a background check. With the help of an experienced attorney, it may be possible to have charges dismissed or penalties reduced.
Learn more about our Criminal Defense services here.
Can I Refuse the Breathalyzer on a Boat?
You might have heard that on the road, if you refuse the breath test, you lose your license for one year. This is called “Implied Consent.”
Does this apply on the water? Yes, but the penalty is different.
If you are arrested for OUI on Lake Havasu or the Colorado River and you refuse the breath or blood test:
- You will receive a civil penalty (a fine).
- You will lose your right to operate a watercraft.
- BUT, your regular driver’s license for your car typically remains safe from this specific refusal suspension.
Law enforcement officers, including Arizona Game and Fish Department wardens, can issue citations for boating under the influence (BUI) or operating under the influence (OUI) during patrols and checkpoints on the lake.
Warning: The police can still get a warrant. In Mohave County, if you refuse the test, officers will often call a judge, get a warrant over the phone, and force a blood draw anyway. So, refusing might not save you from a conviction, it just adds a fine on top of it.
What Are the Penalties for a Boating DUI (OUI)?
Just because you keep your driver’s license doesn’t mean an OUI is a slap on the wrist. The penalties are serious and expensive.
Standard OUI Penalties:
- Jail Time: A mandatory minimum sentence of ten days in jail. (Though we can often fight to get this reduced).
- Fines: Over $1,200 in fines and fees.
- Classes: Mandatory alcohol screening and education classes.
- Probation: Up to 5 years of probation.
Extreme OUI (BAC above 0.15%):
- Minimum 30 days in jail.
- Fines over $2,500.
Super Extreme OUI (BAC above 0.20%):
- Minimum 45 days in jail.
- Fines over $3,000.
An aggravated DUI (or aggravated OUI) is a more serious, felony-level offense that can result from repeat offenses, having a minor passenger, or other aggravating circumstances. This leads to increased penalties and longer sentences.
These are criminal convictions. They go on your permanent record. This can hurt your ability to get a job, rent an apartment, or get a loan.
Why Is It So Easy to Get Arrested on the River?
We see this all the time in Bullhead City and Lake Havasu. The environment on the water makes you look drunk even if you aren’t.
Think about it. You have been in the sun all day. You are dehydrated. The boat is rocking back and forth. You are tired. These factors create what experts call “Boater’s Fatigue.”
The Field Sobriety Tests are Flawed When a cop pulls you over on the road, they ask you to walk a straight line. On a boat, they can’t do that. The “floor” is moving! So, they use different tests while you are seated in the boat, like:
- The Horizontal Gaze Nystagmus (HGN): Following a pen with your eyes.
- The Finger-to-Nose Test.
- The Palm Pat Test.
On Arizona waterways, AZ Game and Fish Department officers are often the ones conducting these stops and enforcing OUI (Operating Under the Influence) laws, including field sobriety tests on the water.
Here is the problem: The sun, wind, and waves affect your balance and your eyes. Red eyes might be from swimming, not alcohol. Slurred speech might be from exhaustion. At Knochel Law Offices, we know how to attack these tests. We argue that the environment—not the alcohol—caused you to “fail.”
Can I Get an OUI on a Kayak or Paddleboard?
Believe it or not, yes. Arizona law applies to “motorized watercraft.”
- If you are on a Jet Ski, Waverunner, or SeaDoo? Yes.
- If you are on a fishing boat with a trolling motor? Yes.
However, if you are on a completely non-motorized vessel like a kayak, canoe, or paddleboard, the OUI laws generally do not apply in the same way. BUT, you can still be arrested for Public Intoxication or Disorderly Conduct if you are causing trouble.
And remember, the Colorado River touches Nevada and California. If you drift across the state line into Nevada or California waters, their laws might be different. You need a lawyer who understands the borders. Other aggravating factors, such as having a minor on board or prior offenses, can elevate an OUI charge to a felony.
Understanding Actual Physical Control on the Water
When it comes to boating DUI (OUI) laws in Arizona, one of the most misunderstood concepts is “actual physical control.” You might think you’re safe from an OUI conviction if your boat isn’t moving, but that’s not always the case. In Arizona, you can be charged with OUI simply by being in a position to operate a motorized watercraft—even if you’re anchored, docked, or just floating on Lake Havasu or Lake Pleasant.
So, what does “actual physical control” really mean? If you’re sitting at the helm with the keys in your hand, or if you’re in a spot where you could easily start the engine and take off, law enforcement considers you to be in actual physical control of the boat, jet ski, or any personal watercraft. This applies whether you’re on the open water at Saguaro Lake, tied up at Lake Mohave, or even pulled up on the shore along the Colorado River.
Arizona Game and Fish Department officers, along with other agencies, patrol Arizona’s lakes and rivers to prevent boating accidents and enforce OUI law. If they have reasonable suspicion that you’re under the influence of alcohol or drugs, they can conduct field sobriety tests or request a blood alcohol concentration (BAC) test—even if your boat isn’t moving. A BAC of 0.08% or higher can lead to an OUI conviction, but remember, you can still be charged if you’re impaired to the slightest degree.
The penalties for being found in actual physical control while under the influence are serious. For a first offense OUI, you could face a misdemeanor charge, mandatory minimum sentence, fines, community service, and even jail time. If your BAC is 0.15% or higher, you’re looking at an extreme OUI with harsher penalties. A super extreme OUI (BAC of 0.20% or more) can result in a felony conviction, especially if there are aggravating factors like having a minor on board or prior OUI convictions.
Law enforcement in Bullhead City, Lake Havasu, and throughout Arizona’s lakes take these cases seriously to prevent boating accidents and injuries. If you’re facing an OUI charge—whether it’s your first offense or you’re dealing with aggravating factors—it’s crucial to contact an experienced DUI attorney. A strong defense can make all the difference in your case, from challenging field sobriety tests to negotiating reduced penalties.
Don’t let a misunderstanding about actual physical control put your future at risk. Reach out for a free consultation and case evaluation to understand your rights, potential penalties, and the best path forward. With the right legal support, you can navigate Arizona’s complex OUI laws and protect your record, your freedom, and your ability to enjoy Arizona’s beautiful lakes.
How Can Knochel Law Offices Help Me?
We have been doing this for 30 years. We are not just lawyers; we are locals. We know the judges in Kingman, Bullhead City, and Lake Havasu City. Our firm has experience handling boating accident and BUI cases from popular recreational spots like Bartlett Lake, Lake Havasu, and other Arizona lakes where enforcement activities are common.
Choosing a lawyer experienced in Arizona and Lake Havasu boating accidents helps to manage the complexities of maritime laws and insurance policies. An attorney familiar with Lake Havasu and Arizona laws provides a significant advantage in handling boating accidents. A personal injury lawyer specializing in boating accidents must have a history of handling complex claims. Attorneys who offer free consultations and have experience with maritime law are recommended for boating accident cases.
When you hire us, we look at every detail:
- Did the officer have a reason to stop you? Unlike cars, boats can be stopped for “safety checks” without probable cause. But there are limits. We check if they followed the rules.
- Was the blood test accurate? Blood samples sitting in a hot patrol boat can spoil. We check the science.
- Can we reduce the charges or get them dismissed? Often, we can negotiate a plea to a lesser charge like “Reckless Operation” to save you from the OUI conviction.
Legal Blog Contact us today for a consultation.
Key Takeaways
- License is Safe: An OUI usually does NOT suspend your car driver’s license in Arizona.
- Criminal Record: It IS a criminal misdemeanor that stays on your record.
- Jail Time: Mandatory jail time exists for OUI, just like DUI.
- The “Sun” Defense: Sun, wind, and waves can mimic intoxication. We use this to defend you.
- Safety Checks: Police can stop boats for safety checks (life jackets) more easily than they can stop cars.
Frequently Asked Questions (FAQs) About Boating OUI
1. Can I drink beer while driving a boat in Arizona? Yes. Unlike in a car, there is no “Open Container” law for boats. You are allowed to drink alcohol while operating a boat. You just cannot be impaired or over the 0.08% limit.
2. Will my car insurance go up? Possibly. Even though your license isn’t suspended, your insurance company might see the criminal conviction on your record and raise your rates or drop you as “high risk.”
3. What if I am from out of state (California/Nevada)? This happens a lot. If you live in California but get an OUI in Lake Havasu, Arizona cannot take your California driver’s license. However, if you ignore the Arizona court date, a warrant will be issued for your arrest, which will cause problems in your home state. You need an Arizona lawyer to handle this so you don’t have to fly back for every hearing.
4. Is a Boating DUI a felony? Usually, it is a misdemeanor. It becomes a felony (Aggravated OUI) if:
- You have a passenger under 15 on the boat.
- It is your third OUI/DUI within 84 months (7 years).
5. Do I have to tell my boss? That depends on your company handbook. If you drive a company vehicle or have a professional license (like a pilot, nurse, or doctor), you might be required to report any arrest.
6. How much does an OUI lawyer cost? Every case is different. It depends on if there was an accident, what your BAC was, and if you have prior offenses. We offer fair, transparent pricing.
7. Can I get the OUI expunged (Set Aside)? Arizona does not have “expungement,” but we have something called a “Set Aside.” After you finish your sentence and probation, we can ask the court to set aside the conviction. This helps with job applications.
8. Do police have to read me my rights? Only if they are interrogating you while you are in custody. If they just ask, “How much have you had to drink?” while standing on your boat, they usually don’t have to read rights yet.
9. What if I wasn’t the one driving? We see this “switch” happen. Police arrive, and they aren’t sure who was driving the boat. If you were just a passenger, you cannot be charged with OUI. We fight to prove you weren’t the operator.
10. Why do I need a lawyer for a misdemeanor? Because a criminal record lasts forever. Jail time disrupts your life. An experienced lawyer can often find holes in the state’s case that you wouldn’t see, potentially getting the case dismissed or reduced.
Don’t Let One Day on the River Ruin Your Year
A boating arrest is scary, but it is manageable with the right help. You need a team that understands Mohave County courts.
At Knochel Law Offices, we fight for our neighbors in Bullhead City, Kingman, and Lake Havasu.
Visit our website to learn more about our team.
Call us today. Let us take the stress off your shoulders so you can get back to enjoying the river.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
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