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Former Senior LA Prosecutor.
Harvard Law School Educated.
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Los Angeles DUI Boating

California DUI Boating

Many people have the misconception that California DUI prosecution is limited to cars and other vehicles on the road. However, under California Harbors and Navigation Code Section 655, it is a criminal offense to operate a boat or other watercraft while under the influence of alcohol or drugs. This offense is commonly referred to as Boating under the Influence or BUI and can occur in any navigable body of water in California.

The California Harbors and Navigation Code does not forbid boat passengers from drinking alcohol or carrying open containers of alcohol in the vessel, unlike in automobiles. Like California Vehicle Code Section 23152(b), the statute criminalizes operating a boat or other watercraft with a blood alcohol level in excess of .08 percent.

Just like in California DUI cases where law enforcement officials look for driving conduct and equipment violations to justify stopping cars, law enforcement in California Boating under the Influence cases typically look for elements such as speeding, right of way violations, equipment violations or signs of erratic operation to support a stop of a watercraft. Once stopped, law enforcement will conduct the same barrage of preliminary testing that is used in DUI investigations

The consequences for California Boating under the Influence are almost identical to those for California DUI. Thus for first time offenders, the conviction is a misdemeanor requiring probation, fines, classes and up to six months in jail. It is important to note that a Boating under the Influence conviction is "priorable." That means if an individual with a BUI conviction is later charged with DUI within ten years, it will be considered a second offense and treated more severely.

Because of the unique circumstances surrounding California Boating under the Influence charges, it is crucial that you have an effective and knowledgeable attorney representing you. Attorney Michael Kraut is a former deputy district attorney who is skilled at mounting effective defenses to charges of Boating Under the Influence. His hard work on behalf of his clients has led to cases being thrown out or charges being significantly reduced.

For more information about California Boating under the Influence, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
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