RBOC Supporting Bill Clarifying BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify the boating under the influence law.

Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure.

This bill would instead require the arrested individual to be advised that:

  • A criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both;
  • He or she has a right to refuse chemical testing; and
  • The officer has the authority to seek a search warrant compelling him or her to submit a blood sample.