Utah Boating DUIs / BUIs

Are Boating Drunk Driving Tickets Treated the Same as DUIs on I-15.   Yes.

When charged with a boating DUI on Lake Powell, you will be in Federal Court. Not a good place to be. Utah Lake Boating DUIs are filed in state court.

The same Utah drunk driving laws apply to boating while intoxicated as it does to driving drunk in on I-15, or Orem Center Street.   All driving under the influence convictions are enhanceable and count against you in the future.

See these articles on what happens when you are convicted of a DUI, Impaired Driving or Metabolite in Utah (https://provocriminaldefense.com/drunk-drugged-driving/).   Alcohol restrict driver (https://provocriminaldefense.com/2020/09/11/utah-alcohol-restricted-driver/) .  Interlock restricted driver (https://provocriminaldefense.com/2021/03/22/interlock-restricted-drivers-in-utah/).  Driver license suspension (https://provocriminaldefense.com/2020/09/14/common-causes-of-driver-license-suspensions-in-utah/).

Utah defines a “MOTOR VEHICLE” for purposes of its automobile DUI laws to encompass motorboats.   Utah Code Ann. 41-6a-501(j) states:

(i)                  “Vehicle” or “motor vehicle” means a vehicle or motor vehicle as defined in Section 41-6a-102; and

(ii)                  “Vehicle” or “motor vehicle” includes:

(A)                  an off-highway vehicle as defined under Section 41-22-2; and

(B)                  a motorboat as defined in Section 73-18-2.

Utah Code Ann 73-18-2(11) defines “Motorboat” to mean:  “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

This defining of motor vehicle to include motorboat is how Utah’s DUI laws incorporate boating BUIs.

Opening Containers in Boat.  Not for the Driving.  Open Contain Exception to Boating Passengers. Utah Code Ann. 41-6a-526.

Utah law allows passengers to drink alcohol while boating.  Utah boating law does not allow the boat driver to drink alcohol and drive.   Having an open container near the driver is dangerous, even when the driver is not drinking.  The police have binoculars and are watching from their boats and the shore for boating violations.

Will a Boating Drunk Driving Arrest Suspend my Utah Driver’s License.  Yes. 

A Utah boating while intoxicated will suspend your driver’s license for 120 days or more depending on whether it is your 1^st, 2^nd or 3^rd DUI within 10 years.

You still need to request a Utah Driver’s License Division (“DLD”) hearing request within 10 days of your BUI arrest, or you can automatically lose your license for 120 days.  See the request for form HERE.  When you hire Utah boating DUI attorney Jake Gunter his staff requests an administrative hearing.

Boating Alcohol Field Sobriety Testing has unique challenges that need to be carefully analyzed.

Field Sobriety Test (“FSTs”).  Unique Aspects of FSTs while Boating.

Field sobriety testing is difficult enough when you are on flat, dry land without distractions.  Now  imagine a moving dock from incoming wakes and boats.  Your chosen Utah boating DUI attorney needs to take a close look at the FSTs when evaluating your case.

See these deeper articles on the One Legged Stand (https://provocriminaldefense.com/2020/09/28/one-leg-stand-utah-field-sobriety-test-wha-is-it-how-do-i-fail-it/) .  Horizontal Gaze (https://provocriminaldefense.com/2020/10/01/horizontal-gaze-nystagmus-utah-field-sobriety-testing-what-is-it-can-i-fail-the-test-sober/)  and the Walk and Turn (https://provocriminaldefense.com/2020/09/28/walk-and-turn-utah-field-sobriety-test/).    You read the entire police training manual by Googling “FST training manual.”

Common Utah Lake and boating criminal charges or citations:                           

Reckless Operation Of Non-Motor Vessel/Manipulate Water Ski, Fail To Give Assistance (Boating), Failure To Give Name And Assistance At An Accident, False Information At Accident (Boating), Give False Written Information (Boating) Accident Involving Property Damage, 73-18-15.1(10) Failure To Obey Speed And Proximity, Altered/Defaced/Removed Capacity/Certification Label, Or Inadequate Number Of Fire Extinguishers, No Registration Card On Vessel.

Attorney Jake Gunter can help you with boating DUIs and boating charges in the following Utah lakes or reservoirs:

Anderson Meadow Reservoir, Bear Lake, Blue Lake, Boulder Mountain Lakes, Causey Reservoir, Cleveland Reservoir, Cottonwood Reservoir, Currant Creek Reservoir, Cutler Reservoir, Deer Creek Reservoir, Duck Fork Reservoir, East Canyon Reservoir, Echo Reservoir, Electric Lake, Ferron Reservoir, , Fish Lake, Flaming Gorge Reservoir, Gooseberry Reservoir, Grantsville Reservoir, Gunlock Reservoir, Gunnison Reservoir, Gunnison Bend Reservoir, High Uinta Lakes, Holmes Creek Reservoir, Huntington Reservoir (State Park), Hyrum Reservoir, Jordanelle Reservoir, Kolob Reservoir, Koosharem Reservoir, Lake Powell, Little Dell Reservoir, Lost Creek Reservoir, Mantua Reservoir, Maple Lake, Mill Hollow Reservoir, Mill Meadow Reservoir, Miller Flat Reservoir, Millsite Reservoir, Minersville Reservoir, Newcastle Reservoir, Navajo Reservoir, Newton Reservoir, Nine Mile Reservoir, Otter Creek Reservoir, Palisade Reservoir, Panguitch Reservoir, Payson Lakes, Pelican Lake, Pineview Reservoir, Piute Reservoir, Quail Creek Reservoir, Red Fleet Reservoir, Red Lake Rockport Reservoir, Sand Hollow Reservoir, Sandwash & Bottle Hollow Reservoirs, Scofield Reservoir, Silver Lake, Smith & Morehouse Reservoir, Starvation Reservoir, Steinaker Reservoir, Strawberry Reservoir, Utah Lake, Valley Reservoir, Vernon Reservoir, Willard Bay Reservoir and Yuba Reservoir.

Utah Criminal Defense Attorney Jake Gunter, (801) 373-6345.  Let his nearly 20 years’ experience help you.  Don’t hire a rookie or an attorney who does Bankruptcies, divorces and a few criminal defense cases a year.

                Here are the Utah State Park’s Website Top Safety Topics for Boating in Utah.   https://stateparks.utah.gov/

FIVE THINGS YOU NEED TO KNOW BEFORE YOU BOAT

1. Life Jackets.

Life jackets are required and you can be cited for not having them.  Make sure they are servicable jackets, fit minors and adults and accessible during an emergency.

Water Skis & PWC.  Each person being towed on water skis or other devices – or operating or riding on a PWC – must wear a properly sized and approved life jacket.

On Rivers. Every person on any vessel including inner tubes must wear a properly sized and approved life jacket.

2. Drunk Boating. Boating under the influence (BUI) is the same as driving under the influence. The same penalties apply, including suspension of driver’s license, possible jail time, and fines.

A person operating a motorboat on Utah’s waters ins considered to have given consent to take any field sobriety test requested by an officer who feels the person in operation is under the influence of alcohol and/or drugs. If arrested, your boat, trailer, and tow vehicle may be impounded.

Alcohol is allowed on all boats; however, it is against the law for a person under the influence to operate a motorboat.

3. Speeding. Reckless Driving.  Yes, there are speed limits on the water.  Watch out for no-wake areas, other boats, docking areas and swimmers.  No one may operate a motorboat faster than a wakeless speed with passengers sitting on the bow decking, gunwales, seatbacks, or motor cover.  A person may ride on the bow decking if they do not block the view of the operator and they are straddling one of the uprights on the bow railing.
4. Utah Watercraft Restrictions.  Most boats are required to be registered and insured.
5. Help! There’s An Accident! Utah has some mandatory stop and help laws, especially when you caused the collision.  Boating accident are very similar to car accidents where you must stop, identify yourself and deal with the situation rather than fleeing the scene.  Help other people in the accident to the extent you are able.  Exchange contact information  with any injured person or owner of property damaged.  Notify law enforcement immediately if anyone dies, disappears, requires treatment beyond simple first-aid, or combined property damage exceeds $2,000. Do not leave the scene before rendering aid, exchanging information, and notifying local law enforcement. leaving the scene of an accident is illegal.  Submit an Accident Report. Complete and sign boat owner/operator accident report form and submit it to Utah State Parks within 10 days. Forms are available from a park ranger or at boating.utah.gov.

Call/TXT (801) 373-6345 ask for Jake.