The Phoenix DUI Law Blog

What to Do If You Are Stopped for OUI on Apache or Roosevelt Lake

With summer on the way, many people will be boating on Apache and Roosevelt lakes. If you get stuck operating the boat while everyone else gets to have fun, remember to lay off the booze.

Under Arizona's boating OUI law, it’s illegal for anyone in the state to operate a boat with a blood alcohol level of .08 or higher. If you're operating a commercial vessel, it's illegal to operate it with a BAC of .04 or more.

Below, we've included a few things to think about if you do find yourself being cited for an OUI while boating.

Consequences of the Breathalyzer Test

If an officer sees an open container in your boat or suspects that you've been drinking, he'll probably request that you submit to a Breathalyzer test. The price of refusing the test can be high. Under Arizona law, anyone operating a vehicle in the state has given implied consent to a blood, urine, or breath test. If you refuse to submit to the test, the officer can have your boating license suspended for at least a year.

Make an Appearance

If you're cited for the OUI offense, you'll probably be required to appear in court. A first-time OUI conviction is punishable by a mandatory alcohol education course, up to 6 months in jail, and a fine of up to $2,100. In order to better plead your case, you may want to consult with an attorney prior to going to trial.

Pay the Fine

An OUI conviction usually carries a fine. If you're convicted of the OUI offense, you'll probably be able to pay your fine online at the Maricopa County Justice Courts' website.

Learn Your Lesson

Subsequent OUI convictions will get you harsher penalties. A second misdemeanor OUI conviction within a 5-year period is punishable by at least 90 days in jail and a fine of $2,500. So don't let it happen again.

If you have any questions about your OUI case or Arizona's OUI laws in general, you may want to consult with a local DUI attorney.

The post is part of FindLaw's Legal U series. We are working to help you learn what to do in your city to cope with some of the legal problems, questions, or issues that come up in daily life.

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