Boating Under the Influence (BUI) in Arizona – Complete Legal Guide

Boating under the influence in Arizona—often called BUI, OUI, or “boating DUI”—is a serious criminal offense with strict penalties. Arizona enforces zero tolerance for impaired boat operators, and the laws are outlined in Arizona Revised Statutes (A.R.S.) Title 5, Chapter 3. This guide breaks down the Arizona BUI laws, penalties, testing rules, and practical tips to avoid costly mistakes on the water.

Arizona BUI Laws: What Counts as Boating Under the Influence?

Under A.R.S. § 5-395, it is illegal to operate or be in actual physical control of a motorized watercraft underway (not anchored, moored, or aground) if:

• You are impaired to the slightest degree by alcohol or drugs

• Your blood alcohol concentration (BAC) is 0.08% or higher within two hours of operating

• You have any drug or its metabolite in your system as defined in A.R.S. § 13-3401

• For commercial watercraft, the BAC limit is 0.04%

• Operators under 21 years old may not have any alcohol in their system

Key phrase: “Impaired to the slightest degree” means you can still be charged below the 0.08 limit if alcohol or drugs affect your ability to operate the boat safely.

Understanding “Underway” and “Actual Physical Control”

• Underway: The boat is not anchored, moored, or aground and is capable of movement. Even drifting counts.

• Actual Physical Control: You can be charged without moving the boat if you are in a position to operate it (e.g., sitting at the helm with the engine on).

These definitions make Arizona BUI enforcement broader than many boaters realize.

Arizona BUI Testing, Refusal, and Implied Consent

Arizona’s implied consent law applies to boaters:

• By operating a motorized watercraft underway, you agree to take breath, blood, or urine tests after arrest if an officer has probable cause to suspect a BUI.

• Refusal penalties:

  • Refusing a BUI chemical test(s) can result in an additional criminal charge and is considered a class 1 misdemeanor

  • Financial penalty of up to $750 for refusing a test

  • Additional Civil Penalty, if convicted of BUI, of $500

• Preliminary Breath Tests (PBTs): Officers can request a PBT before arrest based on reasonable suspicion; results guide whether to proceed with an arrest. Refusal of the PBT can be used against you at trial.

Arizona BUI Penalties

First Offense (within 84 months)

• Class 1 misdemeanor

• Jail: Minimum 10 days (may suspend all but 24 hours with alcohol screening/treatment)

• Fines: $250 plus $500 to the Prison Construction Fund and $500 to the Law Enforcement & Boating Safety Fund

• Mandatory alcohol screening and treatment at your expense

Second Offense (within 84 months)

• Class 1 misdemeanor

• Jail: Minimum 90 days (30 days consecutive required)

• Fines: $500 plus $1,250 to each fund listed above

• Community service: Minimum 30 hours

Aggravated & Extreme BUI in Arizona

• Aggravated OUI (A.R.S. § 5-396): Felony BUI for repeat offenses or other aggravating factors; may include watercraft forfeiture

• Extreme OUI (A.R.S. § 5-397): Higher BAC levels bring mandatory longer jail times and steeper fines

Open Container Laws for Boats in Arizona

Arizona’s open container law (A.R.S. § 4-251) applies to motor vehicles on highways, not boats. Passengers can drink alcohol on the water, but the operator must remain sober enough to avoid impairment charges.

Arizona BUI Enforcement Locations

Arizona law enforcement—Arizona Game & Fish Department, county sheriffs, and other agencies—regularly patrol popular boating areas such as:

• Lake Pleasant

• Lake Havasu

• Lake Mohave

• Lake Powell

• Roosevelt Lake

• Saguaro Lake

Expect random safety inspections and sobriety checks, especially on busy weekends and holidays.

Key Takeaways for Arizona Boaters

• You can get a BUI in Arizona below 0.08 BAC if impaired to the slightest degree

• Refusing a test is expensive and doesn’t avoid a BUI charge

• Arizona BUI convictions stay on your record and count for 84 months toward repeat-offense penalties

• Aggravated BUI can result in felony charges and boat forfeiture

Relevant Arizona BUI Statutes

• A.R.S. § 5-395 – Core BUI offense definitions

• A.R.S. § 5-395.01 – Penalties and classifications

• A.R.S. § 5-395.03 – Implied consent & refusal penalties

• A.R.S. § 5-395.04 – Preliminary breath test rules

• A.R.S. § 5-396 – Aggravated BUI

• A.R.S. § 5-396.01 – Aggravated BUI Watercraft Forfeiture

• A.R.S. § 5-397 – Extreme BUI

Conclusion

Boating under the influence in Arizona carries serious legal consequences—even if your BAC is below the legal limit. Understanding Arizona’s BUI laws before heading out on the water can help you stay safe, avoid fines, and protect your criminal record. If you or anyone you know is suspected or charged with Boating Under the Influence in Arizona, contact an experienced BUI Criminal Attorney immediately. At Millar Law, we have a team of Former BUI Prosecutors that can protect your rights and fight on your behalf— (602) 900-0545.