BUI Attorney in Phoenix

Arizona BUI Defense Informed by Former Prosecutor Insight

At MayesTelles PLLC, we represent people accused of boating under the influence after operating or being in actual physical control of a motorized watercraft. These cases can involve boats, jet skis, and other watercraft that are underway. Some of our Phoenix BUI attorneys are former prosecutors, giving us insight into how the state may evaluate the evidence and pursue a charge.

Arizona BUI allegations can be based on alcohol, drugs, observed impairment, or a reported alcohol concentration. We evaluate the circumstances of the stop, officer observations, testing procedures, and other available evidence before developing a defense strategy tailored to the individual case.

What Arizona Law Considers Boating under the Influence

A.R.S. § 5-395 prohibits operating or being in actual physical control of a motorized watercraft that is underway while impaired to the slightest degree by alcohol, drugs, or a combination of substances. Impaired to the slightest degree means that alcohol or drugs affected the person’s ability to operate the watercraft in any detectable way.

The statute also creates a per se alcohol concentration offense. “Per se” means the reported alcohol concentration itself may establish the prohibited condition, regardless of whether substantial impairment was observed. The standard threshold is 0.08 or more within two hours of operating or controlling the watercraft, while a 0.04 threshold applies to commercial motorized watercraft.

Although BUI and roadway DUI cases share some terminology, they are governed by different statutory provisions. Roadside assumptions shouldn’t automatically be applied to an investigation conducted on or near the water.

Evidence in an Arizona BUI Investigation

The state doesn’t have to rely exclusively on a breath test. A boating investigation may involve an officer’s observations, statements from the operator or passengers, field sobriety evidence, blood or breath results, and details about how the watercraft was being operated.

Our review of a BUI allegation may address:

• Operation and control: Whether the evidence establishes that the accused person operated or had actual physical control of a motorized watercraft that was underway.
• Officer observations: Whether balance, speech, coordination, behavior, or other observations may have been affected by open-water conditions or the investigation environment.
• Testing procedures: How blood, breath, urine, or another bodily substance was collected, handled, tested, and reported.
• Timing: When the alleged operation occurred compared with the time a chemical sample was obtained.
• Additional testing: Whether the tested person received a reasonable opportunity to arrange an additional test by a qualified person of the tested person’s choosing.

Reported results require case-specific interpretation. Testing conditions, administration procedures, collection records, and the reliability of the equipment or laboratory process can all become relevant to the legal review.

Potential Penalties for a BUI Conviction

The potential consequences depend on the charged statute, reported alcohol concentration, qualifying prior convictions, alleged conduct, and facts established in court. Arizona law separates standard, repeat, extreme, and aggravated boating under the influence offenses.

First & Repeat BUI Offenses

A first conviction under A.R.S. § 5-395 is a Class 1 misdemeanor. Statutory consequences include a minimum of ten consecutive days in jail, a minimum $250 fine, additional assessments, and court-ordered alcohol or drug screening. A second qualifying conviction within 84 months carries increased jail time, fines, community restitution, and statutory assessments.

Extreme BUI

A.R.S. § 5-397 addresses extreme BUI when the alcohol concentration is 0.15 or more but less than 0.20. It establishes separate sentencing provisions for an alcohol concentration of 0.20 or more. Arizona also uses similar terminology for roadway extreme DUI cases, but the boating statutes have their own requirements and penalties.

Aggravated BUI

A.R.S. § 5-396 addresses aggravated BUI. Qualifying circumstances can include a third or subsequent violation within 84 months or committing a qualifying violation while a person under 15 years old is aboard the watercraft.

A boating charge shouldn’t be assumed to carry the same automatic roadway license suspension consequences associated with certain driving offenses. The specific charge and applicable statutes must be reviewed before determining the possible effects of a conviction.

How Phoenix BUI Investigations Differ From Roadway Stops

Boating investigations can begin during patrol activity, near a launch area, after an alleged safety violation, or following an accident. The Arizona Game and Fish Department and the Maricopa County Sheriff’s Office participated in a 2025 boating-under-the-influence enforcement campaign, illustrating that these investigations can involve multiple enforcement agencies.

Open-water conditions may affect how officers interpret balance, coordination, speech, and physical appearance. The location of the stop, watercraft condition, passenger observations, operating conditions, and events preceding contact with law enforcement may also affect how evidence is collected and interpreted.

Because we’re based in Phoenix, our attorneys are familiar with area courts, judges, and legal counterparts. We use that local knowledge alongside a detailed review of the watercraft investigation, chemical testing, and charged statute.

Call for Your Free Consultation

A BUI charge can raise immediate questions about court requirements, evidence preservation, chemical testing, and the next steps in your case. With more than 200 years of combined experience, we examine the charge and explain what to expect throughout the process.

Several of our attorneys are former prosecutors, and our firm has been recognized as part of The Top 100 Trial Lawyers. We offer a client-centered approach, around-the-clock availability for urgent legal concerns, and flexible payment options. No result can be predicted from the charge alone, so we begin by evaluating the specific facts and explaining the available next steps.