The charge for a Boating DUI, or operating a motorized watercraft while under the influence, is codified in section 5-395 of the Arizona Revised Statutes.
According to A.R.S. 5-395, it is unlawful for any person to operate or be in actual physical control of a motorized watercraft within the state under any of these circumstances:
If the person is under the influence of an intoxicating liquor, any drug, a vapor-releasing substance that contains a toxic substance, or a combination or any of these which may cause the person to be impaired to the slightest degree.
If the person has a blood alcohol concentration (BAC) of 0.08% or more within two hours of operating or being in actual control of a motorized watercraft. The alcohol may have been consumed before or during the actual physical control of a motorized watercraft.
If the suspect has any drugs or its metabolite in their body, as defined in the drugs offenses section 13-3401 of Arizona Law.
If the person is operating a commercial motorized watercraft with a blood alcohol concentration of 0.04 percent or more.
If the person has been entitled to use the drug under the laws of the state, it is not a defense to a charge of a violation of subsection A, paragraph 1 of this section. If a person has been prescribed the drug by a health care professional licensed pursuant to title 32, chapter 7, 11, 13 or 17, he or she is not guilty of violating subsection A, paragraph 3 of this section.
In any trial, action or proceeding for a violation of section 5-395 or section 5-396, if the person is involved in operation or being in actual physical control of a commercial motorized watercraft, and their blood alcohol concentration within two hours of the time of operating or being in actual physical control of the commercial watercraft was less than 0.05%, they will not be considered to be driving or operating while under the influence.
However, if the defendants blood alcohol concentration at the time of checking is recorded between 0.05% and 0.08%, through a blood, breath, or bodily substance test, then it gives rise to the presumption that the defendant may be operating or driving under the influence, when considered with other competent evidence to determine the guilt or innocence of the defendant. However, the simple blood or breath test will not give rise to the presumption that they were or were not driving under the influence.
In case if the person’s blood alcohol concentration is determined to be 0.08% or higher through a blood, breath, or bodily substance test, then they may be presumed to be driving or operating under the influence of an intoxicating liquor, and hence, charged with a DUI in Arizona.
