Legislation Extending BUI Chemical Testing to Non-motorized Vessels Passes First Committee

Legislation will pass the Senate Public Safety Committee today to amend California's Boating Under the Influence [BUI] law that authorizes an officer to request a person arrested for BUI to submit to chemical testing.

SB 1247 [Gaines] would delete the requirement that the vessel be mechanically propelled.

Following is the author's stated rationale for the measure [from the policy committee analysis]:

"The Harbors and Navigation Code contains no definition of "machinery" and a vague definition of "mechanically propelled." California Boating Law gives an officer authority to request the operator of a "mechanically propelled vessel" submit to the chemical testing of their blood, breath, or urine if lawfully arrested for operating a vessel or other equipment while under the influence of drugs and/or alcohol.  The problem is an operator of a 30-foot sailboat with no motor, operating under sail at 20 knots, with an BAC level .10% stopped for a boating violation and arrested can refuse the officer's request for a chemical test since there is question as to whether the sailboat is a "mechanically propelled vessel.”

"Law enforcement should be able ask an arrested person to provide a chemical test of an operator of a sailing craft that could cause major damage, injure someone, or cause death.  Boating officers are under the assumption that a sail is "machinery" just as an "oar" is for a canoe or kayak.  There is a lack of clarity as to whether operators of vessels or craft using a sail, paddle, etc. can be asked to submit to chemical testing. Sailing vessels with or without motors piloted by a person under the influence create a safety issue for all boaters."

SB 1247 next proceeds

The measure is sponsored by the California State Sheriffs’ Association.

RBOC Appreciates Senator Hill's Decision to Remove BUI Provision from SB 65

RBOC is extending its appreciation to Senator Jerry Hill [D-San Mateo] for his consideration of the concerns raised by RBOC and his decision to remove from SB 65 provisions that would have extended the boating under the influence [BUI] laws into the Vehicle Code with a prohibition against individuals drinking alcoholic beverages while operating a boat or riding as passengers aboard a boat.

This provision would have been in addition to the significant BUI laws set forth in the Harbors and Navigation Code. The current, extensive provisions of these state laws aim to strike an effective balance that prevents boating under the influence, effectively enforces the extensive state BUI laws, and acknowledges the boating experience.

As set forth on the state Division of Boating and Waterways website, the state BUI laws include:

• No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs.
• No person who is addicted to any drug shall operate any vessel, water skis or similar device.
• No person 21 years of age or older shall operate any vessel, water skis or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood.
• A level of at least 0.05 percent, but less than 0.08 percent, may be used with other evidence in determining whether the person was under the influence of alcohol.
• A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content.
• A person convicted of operating a vessel while intoxicated could receive up to a $1,000 fine and six months in jail.
• No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.
• Penalties may include a fine of up to $250 and participation in an alcohol education or community service program.

In addition to supporting these laws, boaters are doing our part financially. Several million dollars are provided to local boating enforcement each year in the form of boater-derived state fuel tax dollars and registration fees.

As amended on March 28, SB 65 focuses on an important issue: the use of marijuana in motor vehicles. The bill would make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as either an infraction or a misdemeanor. The bill would also authorize a court to order a defendant to attend and complete a state-licensed driving-under-the-influence program in addition to those penalties.

GOVERNOR SIGNS RBOC-SUPPORTED BUI CLARITY MEASURE INTO LAW

California Governor Jerry Brown today signed into law AB 1829 [Levine], legislation supported by RBOC and sponsored by the California State Sheriffs' Association that clarifies current state law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 clarifies existing law and removes obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure amends Harbors and Navigation Code Section 655.1. The revision clarifies that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

• A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

• He or she has a right to refuse chemical testing.

• An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

• He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision replaces the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

The provisions of the measure will take effect on January 1, 2017.

RBOC Supporting Measure to Clarify BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify current law pertaining to boating under the influence [BUI] as the measure is considered in the Senate Committee on Public Safety.

RBOC supports the provisions of AB 1829 that would conform the advisement provisions of the Penal Code related to BUI, to existing provisions in the Harbors and Navigation Code. 

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

• He or she may be charged with a crime,
• He or she has the right to refuse chemical testing, and
• The officer has the authority to seek a search warrant to compel a blood draw if the person refuses to submit to, or fails to complete, a blood test.

This provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.
 

RBOC-supported BUI Legislation Proceeds to Governor

RBOC-supported legislation to harmonize certain boating under the influence [BUI] laws with the state’s driving under the influence [DUI] laws will now proceed to the Governor for his consideration.

AB 539 [Levine, D-San Rafael] 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.

According to Assembly Member Levine, the measure is intended to bring boating laws in line with DUI laws, and to provide law enforcement with the proper tools to investigate and prosecute those who are boating under the influence.

The measure is sponsored by the California State Sheriffs' Association and is also supported by a number of law enforcement and marine industry organizations as well as RBOC.