BUI Attorney in Orange County

Board-Certified DUI Defense for Boating Under the Influence Charges

A boating under the influence arrest in Orange County carries the same criminal weight as a DUI on the road. California Harbors and Navigation Code 655 is a criminal statute, and a conviction can mean jail time, fines, and a permanent record. At Law Offices of Virginia L. Landry, Inc., we defend BUI charges with the same board-certified DUI Defense Law credential that governs every under-the-influence offense we handle. Virginia L. Landry is one of only four female attorneys in the United States to hold this certification, issued by the National College for DUI Defense and authorized by the American Bar Association. That credential applies directly to waterway offenses under HN 655.

Our firm has devoted over 34 years to DUI and under-the-influence defense throughout Orange County and Southern California, serving clients from Aliso Viejo and Laguna Niguel to every community across the county. If you’ve been arrested for BUI, contact us today for a free consultation.

A BUI arrest moves quickly. Call us at (949) 694-8804 for a free consultation and find out where your defense stands before your first court date.

What California’s BUI Law Actually Prohibits

Harbors and Navigation Code 655 makes it unlawful to operate any vessel, water skis, aquaplane, or similar device while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08 percent or higher. That threshold applies to recreational vessels. Commercial vessel operators face a stricter limit of 0.04 percent under HN 655(d). The law covers boats, jet skis, sailboards, and aquaplanes.

“Under the influence” means alcohol or drug consumption has impaired the operator’s ability to operate the vessel with the same caution a sober person would exercise under similar circumstances. Operators under 21 face a zero-tolerance rule: any measurable alcohol is a violation. California applies a rebuttable presumption of impairment, meaning a BAC reading at or above the applicable threshold can be used to establish the offense unless challenged.

BUI Penalties Under California Law

The consequences of a BUI conviction escalate quickly with prior offenses or injury to others:

• First offense (misdemeanor): Up to six months in county jail and fines up to $1,000
• Second or subsequent offense within seven years: Up to 364 days in county jail; prior BUI, Vehicle Code 23152, DUI causing injury, gross vehicular manslaughter, or Penal Code 192.5 convictions all count toward the seven-year lookback
• BUI causing injury (HN 655(f)): A wobbler offense. As a misdemeanor, it carries up to 364 days in jail; as a felony, 16 months, 2, or 3 years in state prison and fines up to $5,000. Bodily injury to any person other than the operator, even slight, can trigger this charge
• Chemical test refusal: Willful refusal to submit to a lawful test can result in enhanced sentencing at the judge’s discretion
• Additional consequences: Vessel impoundment or forfeiture and a permanent criminal record

How We Defend a BUI Case

Every BUI defense starts with scrutinizing what law enforcement did, not just what the BAC reading says. Virginia L. Landry is a certified Standard Field Sobriety Test Instructor, qualified to train other attorneys and judges on proper testing methodology. That means she reviews field sobriety testing and chemical test procedures from the standpoint of someone who sets the standard for how those tests should be administered.

We thoroughly investigate arrests to determine whether required procedures were followed. Depending on the facts of the case, potential defense avenues include:

• Unlawful stop: Law enforcement must have reasonable suspicion to stop a vessel and probable cause to arrest. A Fourth Amendment challenge can seek suppression of evidence from an unlawful stop
• Rebuttable presumption: The BAC presumption under HN 655(h) applies only when a chemical test is administered within three hours of operation. We examine the timeline
• Test reliability: Breathalyzer calibration, blood sample storage and handling, and laboratory procedures are all grounds for challenging the accuracy of BAC evidence
• Vessel type limitation: Chemical tests may only be requested when the operator is on a mechanically propelled boat, a restriction that affects the prosecution’s evidence in some cases
• Charge reduction or alternative sentencing: Depending on the circumstances, we may pursue reduced charges, diversion, or alternatives to incarceration

Why Orange County BUI Clients Choose Law Offices of Virginia L. Landry, Inc.

Virginia L. Landry served as the first female Dean of the National College for DUI Defense in its 30-year history, a role that reflects national-level authority in DUI Defense Law training, and that training directly informs how we approach every BUI case in Orange County Superior Court. Our firm carries a Perfect 10 out of 10 Superb Rating on Avvo and has been recognized as a top DUI attorney, reflecting over 34 years of focused under-the-influence defense work.

Schedule Your Free BUI Consultation Today

After a BUI arrest, the steps you take in the first days matter. We offer free consultations for anyone facing boating under the influence charges in Orange County, and we’re available 24/7. Speak directly with our firm about the facts of your case and what your defense options look like.

Call Law Offices of Virginia L. Landry, Inc. at (949) 694-8804 to speak with a BUI attorney in Orange County today.