RBOC is supporting AB 539 [Levine], legislation that would enhance the state's boating under the influence laws towards improved safety on the state’s waterways.
AB 539 would authorize the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs, when the following conditions are present:
- A blood sample constitutes evidence that tends to show a violation of specified sections of the Harbors and Navigation Code relating to the operation of a marine vessel while under the influence of drugs or alcohol;
- The person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test; and,
- The sample will be drawn from the person in a reasonable, medically approved manner.
With these provisions, AB 539 would bring boating laws in line with vehicular DUI laws in a reasonable manner, and would provide law enforcement with the proper tools to investigate and prosecute those boating under the influence.