Boating Under the Influence in Arizona — BUI Laws

Nothing goes better with a day on the lake than cold drinks and sunshine. But operating a boat while intoxicated is just as illegal — and just as dangerous — as driving a car while impaired. Arizona treats BUI (Boating Under the Influence) with the same seriousness as DUI.

Arizona’s BUI Law

Under A.R.S. § 5-395, it is illegal to operate or be in actual physical control of a motorized watercraft while impaired by alcohol, drugs, or any combination. The legal BAC limit is .08% — the same as for driving a car. For commercial vessel operators, it’s .04%.

Penalties

BUI penalties mirror DUI penalties: first offense is a Class 1 misdemeanor with potential jail time, fines, and community service. An Extreme BUI (BAC of .15 or higher) carries enhanced penalties. Repeat offenses escalate to felony charges.

Arizona Game & Fish officers and county sheriff marine units actively patrol Arizona lakes — especially on weekends and holidays — and conduct sobriety checkpoints on the water.

If You’re Injured by a Drunk Boater

If an intoxicated boat operator caused your injuries, you have a strong personal injury case. The BUI violation establishes negligence per se, and the intentional decision to drink and operate a boat may support a claim for punitive damages.

You may also be able to pursue a claim against the establishment that served the boater under Arizona’s Dram Shop Act if they were obviously intoxicated when served.

Document everything, get medical attention, and contact an attorney. Boating accident evidence — water conditions, boat positions, witness accounts — degrades quickly. The Law Badgers can help you build your case before the evidence disappears.