OUI Questions

[Goad]

I am not here to get legal advice or be flamed for mistakes. I do not condone drinking and driving.
I want to know what the punishment is for a first time offense for OUI. I assume some of you boaters might have experienced this yourself or with your friends or family.
My cousin and I were goin through the channel and they pulled him over for expired tags. (we forgot the tags back home). The boat's registration came back clear and the officer proceeded to ask him if he was drunk, how much he drank, etc. long story short, he went to jail and I had to figure out a way to post bail.
hes out, but clueless whats in store for him. is an oui any different then a dui?
he has 3 counts against him. oui w/ liquor, oui w/ BAC over .08, and extreme oui. To me, those seem kind of repetitive.
anyways, whats the best/worst that can happen with this situation?
theres a million shoulda, woulda, coulda's in this situation, but the past is the past and hes willing to deal with his consequences.

[Trailer Park Casanova]

I've run these type of threads in the past, and they usually turn into LEO bashing.
To get the non-sea lawyer straight scoop:
http://boatcop.com/smf/index.php

[Kilrtoy]

WOW, that is a helluva post and Im glad he is doing the right thing now.
I will agree 3 charges due sound repetitive.
I would sa cal a lawyer in town who specializes in OUI's

[Goad]

i forgot to mention, he is a california resident. does that change anything for better/worse?

[Trailer Park Casanova]

What BAC did he blow, and did he hand over his auto DL?

[Goad]

What BAC did he blow, and did he hand over his auto DL?
hes said they told him that he blew a .2something (he doesnt remember)
when he was bailed out 3.5 hours after arrest, they released him on his own will with his DL. They never said anything to him that it was suspended.

[Hardly Satisfied]

good luck

[JetBoatRich]

sounds like he is in serious trouble :mad:

[Trailer Park Casanova]

Yea, big trouble.
http://boatcop.com/smf/index.php

[Goad]

Yea, big trouble.
http://boatcop.com/smf/index.php
you keep linking to this site, but after some breif searching, I cant find any useful information reguarding my cousins situation. And from what it looks like, the admin is a cop and he just resites the law book.
I am looking for personal situations/experiences http://www.***boat.net/ubb/icons/icon14.gif

[No Name]

Huge trouble, good luck.

[Goad]

Huge trouble, good luck.
im sorry to drill for more info, but can you guys be more specific?

[No Name]

There is lots of info on the net, just do a search.
Cited for boating under the influence or operating a vessel or watercraft on a County lake, the ocean, a river or other waterway with a .08 BAC or higher?
DUI or Drunk boating carries significant penalties similar to those for drunk driving or DUI, including possible jail time, DUI fines, DUI programs and driver's license record problems.
Drunk boating is priorable as a drunk driving prior. If you have a prior drunk driving conviction, it can be used to enhance punishment.
Jet skiers, power boaters, sailors, fishermen and pleasure seekers on a craft should know it is just as illegal to operate a boat or watercraft under the influence as it is to drive under the influence. However, it is okay for adult boaters to legally drink or simply have open containers in their vessels.
Turning your craft too fast or aggressively, inoperable navigation lights, acting out of control, equipment violations, speeding (e.g. in a 5 mph zone) around a marina or at a bridge undercrossing, lack of current registration or safety equipment are some reasons a patrol boat may stop or contact you to try and determine if you are impaired or DUI.
DUI boating defenses and drunk boating strategies include attacking the chemical test, poor DUI investigation, failure to properly administer a number of field sobriety tests, lack of proficiency in DUI enforcement or testifying, failure to prove actual operation while impaired, etc.
Drunk boating offenses can be reduced to "serving as a crew member while under the influence of intoxicating liquor, any drug, or combined influence." The prosecutor often has difficulty proving the defendant was the operator of a vessel with more than one person aboard since it is possible to move away from the controls of a vessel for any period of time.
Harbor and Navigations Code charges may also be dismissed if you are eligible for the misdemeanor diversion program.
Alternative disposition may or may not include taking a boating safety course.

[Goad]

There is lots of info on the net, just do a search.
Cited for boating under the influence or operating a vessel or watercraft on a County lake, the ocean, a river or other waterway with a .08 BAC or higher?
DUI or Drunk boating carries significant penalties similar to those for drunk driving or DUI, including possible jail time, DUI fines, DUI programs and driver's license record problems.
Drunk boating is priorable as a drunk driving prior. If you have a prior drunk driving conviction, it can be used to enhance punishment.
Jet skiers, power boaters, sailors, fishermen and pleasure seekers on a craft should know it is just as illegal to operate a boat or watercraft under the influence as it is to drive under the influence. However, it is okay for adult boaters to legally drink or simply have open containers in their vessels.
Turning your craft too fast or aggressively, inoperable navigation lights, acting out of control, equipment violations, speeding (e.g. in a 5 mph zone) around a marina or at a bridge undercrossing, lack of current registration or safety equipment are some reasons a patrol boat may stop or contact you to try and determine if you are impaired or DUI.
DUI boating defenses and drunk boating strategies include attacking the chemical test, poor DUI investigation, failure to properly administer a number of field sobriety tests, lack of proficiency in DUI enforcement or testifying, failure to prove actual operation while impaired, etc.
Drunk boating offenses can be reduced to "serving as a crew member while under the influence of intoxicating liquor, any drug, or combined influence." The prosecutor often has difficulty proving the defendant was the operator of a vessel with more than one person aboard since it is possible to move away from the controls of a vessel for any period of time.
Harbor and Navigations Code charges may also be dismissed if you are eligible for the misdemeanor diversion program.
Alternative disposition may or may not include taking a boating safety course.
that just explains what a dui/oui is.
Thanks for the insight guys, I will continue to search around for my answers :)

[BoatFloating]

AZ has strange laws. Your cousin as 3 counts against him. 1st is operating while impaired as judged by the field test they gave him. Then when he took the breath test he was over .08 2nd offense and the 3rd is over .15 extreme OUI 3rd offense. Doesn't make sense but had he blew .07 then he'd only have 1 charge against him the 1st charge impairment.

[uvindex]

Hes out, but clueless whats in store for him.
Anyways, whats the best/worst that can happen with this situation?If I were you I'd help my cousin find a good LAWYER, one who specializes in OUI/DUI and, of course, one who handles cases in whatever court your cousin must appear.
Good luck.

[SCUBA STEVE]

A friend of mine got an OUI Memorial 2002. He was on a year probation in AZ had to spend more time in jail (like 2 days) and had to pay around $1500 in fines. It was $600 to bail him out that first day.
I don't think it did anything to his CA driving record but the laws could have changed by now.

[Goad]

A friend of mine got an OUI Memorial 2002. He was on a year probation in AZ had to spend more time in jail (like 2 days) and had to pay around $1500 in fines. It was $600 to bail him out that first day.
I don't think it did anything to his CA driving record but the laws could have changed by now.
Thanks for the responce....this is what i was looking for :)
his bail was $1500, I assume times have changed and the pentalties are much harsh since the bail has more then doubled in 4 years. :(
I will suggest he gets a good lawyer.
Thanks for the info guys.

[HMF'er]

Thanks for the responce....this is what i was looking for :)
his bail was $1500, I assume times have changed and the pentalties are much harsh since the bail has more then doubled in 4 years. :(
I will suggest he gets a good lawyer.
Thanks for the info guys.
A good lawyer may cost him just as much as the fines and may not be able to help dismiss charges or reduce fines. My suggestion would be take the punishment, consider it lesson learned, and don't do it again. Good luck.

[uvindex]

A good lawyer may cost him just as much as the fines and may not be able to help dismiss charges or reduce fines. My suggestion would be take the punishment, consider it lesson learned, and don't do it again. Good luck.There's an old saying, "The party who represents himself has a fool for a client and a jackass for an attorney." Unless I'm mistaken, he's not just risking fines. There's possible jail time (see Scuba's post), not to mention possible harm to his reputation and possible loss of job/income for a conviction (if he drives for a living, for example).
I think anybody who's been arrested for an offense that can include jail would be foolish not to hire a lawyer. :)

[lokinutz]

Goad,
If you log onto boatcop.com and ask Alan, he may be of some help. I have seen advice given, (not necessarily by boatcop) such as if you are arrested for OUI, spend the night in jail, as it saves you bail money, and more importantly, goes as time spent in jail that you won't have to do later. You will see a judge in the AM and time already spent in jail may save you a trip to the arresting city just to go back to jail for a day/night. A night in jail in LHC or Parker is way better than a night in jail in a big city such as Phoenix or LA/area. The first offense doesn't affect your driving record points, but it is attached to your record. It makes it easier for LE to track your history. Before they attached OUIs to your DL, you could get 3 or 4 OUIs and they wouldn't stack up against you. Now they track OUIs and use that with a DUI for harsher punishment. Either way, get a lawyer so your friend doesn't make things worse for himself. There are things you can/can't say in court and should/shouldn't do.

[CBadDad]

My understanding is that a lawyer won't change much. A guy I work with got an OUI about a month ago. He went back to court (without an attorney) to take his lumps and the judge says something to the effect of "you sure?" and appoints him a public defender. Long and the short of it is that he'll probably plea bargain down to one count and pay a fine which was what all of the guys with high priced attorneys were gettin' while he waited...
Could've been worse. He could've killed someone. So all things considered he's lucky.

[SCUBA STEVE]

Thanks for the responce....this is what i was looking for :)
his bail was $1500, I assume times have changed and the pentalties are much harsh since the bail has more then doubled in 4 years. :(
I will suggest he gets a good lawyer.
Thanks for the info guys.
Dam $1500 to bail him out! That is just crazy. I know a lot of us have a beer or 6 while hanging out on the water, but damn that is just a party killer right there. Maybe have a paid DD!

[totenhosen]

In AZ I believe you are looking at mandatory jail time of 2 days along with fines, suspended license, and classes. Can't frgot about your auto insurance doubling.
In CA you lose your license for an automatic 30 days. If you enroll in a alcohol awareness type class you can after 30 days get a restricted license to drive to/from work and classes. Otherwise your license is suspended for 90 days. Classes cost about $500.00+
Insurance will likely drop you. Mercury insurance will be the cheapest most reputable company you can get an auto policy from. Most companies will not touch you for a minimum 5 years and some 7.
Probation for 2 years. If you get another dui or have alcohol in your system you are going to jail.
Lawyer will run about $2,300+. Fines and classes another $2k. Hopefully your buddy learns from it.

[Boatcop]

The three charges are the norm, but only the top charge (Extreme OUI, above .15%) will be applied if he pleads guilty. The others may come into play in a plea agreement.
Although if he was a .2 something, don't count on a plea deal, unless there were major problems with the way the Police processed or reported the case.
Penalties for Extreme OUI are:
30 days in jail. 20 days can be suspended upon completion of alcohol screening and a Boating Education Class. 10 days are mandatory.
Fines of up to $2,500. With assorted surcharges, that could go to $5,000 or more.
May or may not affect the CA Driver's License. It depends on if there are any prior actions against his license. (DUIs, FTAs, At Fault Accidents, etc)
If it's plead down to a simple OUI (above .08%) or Impaired:
10 days in Jail (MAY be suspended upon completion of Screening and Boating Class, but plan on at least 2 days, based on the BAC level)
Fines and Surcharges are pretty much the same. Might be a little lower ($3,500 or so total).
Same deal with the license.

[Goad]

i just wanted to thank everyone for their input. i really expected this thread to go south and get flamed for doing something stupid.
hey, we all make mistakes. and we learn from them.
thanks again.