All Laws Decoded

Boating Under the Influence in Arizona

How Arizona law treats boating under the influence (bui): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: It is illegal to operate or be in control of a motorized watercraft that is underway while impaired to the slightest degree by alcohol or drugs, with an alcohol concentration of 0.08 or more within two hours, with any illegal drug or its metabolite in the body, or at 0.04 or more on a… A.R.S. §§ 5-395(A), 5-395.01; § 13-707

Boating under the influence (BUI)It is illegal to operate or be in control of a motorized watercraft that is underway while impaired to the slightest degree by alcohol or drugs, with an alcohol concentration of 0.08 or more within two hours, with any illegal drug or its metabolite in the body, or at 0.04 or more on a commercial boat. A violation is a class 1 misdemeanor: a first offense carries at least 10 consecutive days in jail, a fine of at least $250, two $500 assessments and alcohol or drug screening, though the judge may suspend jail if the person completes treatment. A second violation within 84 months carries at least 90 days in jail (30 consecutive), a fine of at least $500, at least 30 hours of community restitution and two $1,250 assessments.
Penalties: https://www.azleg.gov/ars/5/00395-01.htm . Dangerous and repeat offenders face longer ranges.

More Arizona criminal law

FAQ

What is the penalty for boating under the influence in Arizona?
It is illegal to operate or be in control of a motorized watercraft that is underway while impaired to the slightest degree by alcohol or drugs, with an alcohol concentration of 0.08 or more within two hours, with any illegal drug or its metabolite in the body, or at 0.04 or more on a commercial boat. A violation is a class 1 misdemeanor: a first offense carries at least 10 consecutive days in jail, a fine of at least $250, two $500 assessments and alcohol or drug screening, though the judge may suspend jail if the person completes treatment. A second violation within 84 months carries at least 90 days in jail (30 consecutive), a fine of at least $500, at least 30 hours of community restitution and two $1,250 assessments.
Can I get a court-appointed lawyer for boating under the influence (bui) in Arizona?
Arizona's rule on court-appointed lawyers: County public defenders, on court order, represent a person who is entitled to counsel as a matter of law and who is not financially able to employ counsel, in offenses triable in superior court or justice court and other listed proceedings. Representation by the public defender or court-appointed counsel is provided without expense to the defendant, and the court may not impose an indigent administrative assessment or order reimbursement to the county for legal services. A.R.S. § 11-584
How much does a lawyer for boating under the influence (bui) cost in Arizona?
Lawyers set their own fees, and Arizona has rules on how they may charge. See hiring a criminal defense lawyer in Arizona for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for boating under the influence (bui) in Arizona?
How release before trial works in Arizona: All persons charged with crime are bailable except: for capital offenses, sexual assault, or sexual conduct with or molestation of a child under fifteen, when the proof is evident or the presumption great; for felonies committed while on bail for a separate felony; for felonies where the person poses a threat to others or the community and no release conditions can adequately assure safety; and for serious felonies by a person who entered or remained in the United States illegally. Bail and release conditions are meant to assure appearance, protect against witness intimidation, and protect the victim and community. At the initial appearance, a judicial officer orders a person charged with a bailable offense released pending trial on his or her own recognizance or on bail. The officer considers factors including the victim's views, the nature of the offense, prior serious or violent offenses, danger to the community, the weight of the evidence, family ties, employment, financial resources, character, mental condition, length of residence, record and history of court appearances. Conditions can include supervision by a designated person, travel or contact restrictions, a cash deposit, weapons/alcohol/drug bans and reporting; electronic monitoring and no-contact orders are mandatory for certain sexual and domestic-violence felonies. Ariz. Const. art. 2, § 22; A.R.S. § 13-3967 What happens after an arrest.
Can a conviction for boating under the influence (bui) be removed from my record in Arizona?
Each state sets its own rules for sealing or expunging records. See Arizona expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.