California Harbors and Navigation Code 655 HN prohibits boating under the influence (BUI) of alcohol or drugs. Similar to DUI laws, operating any water vessel is illegal if the driver’s blood alcohol content (BAC) is at least 0.08%. And operating a commercial vessel is illegal if the driver’s BAC is only 0.04% or higher.
The full text of the statute reads as follows:
H&N C 655 (a) No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. The department shall adopt regulations for the use of vessels, water skis, aquaplanes, or similar devices in a manner that will minimize the danger to life, limb, or property consistent with reasonable use of the equipment for the purpose for which it was designed.
(b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.
(c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood.
(d) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood.
(e) No person shall operate any vessel, or manipulate water skis, an aquaplane, or a similar device who is addicted to the use of any drug. This subdivision does not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(f) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.
(g) Notwithstanding any other provision of law, information, verbal or otherwise, which is obtained from a commissioned, warrant, or petty officer of the United States Coast Guard who directly observed the offense may be used as the sole basis for establishing the necessary reasonable cause for a peace officer of this state to make an arrest pursuant to the United States Constitution, the California Constitution, and Section 836 of the Penal Code for violations of subdivisions (b), (c), (d), and (e) of this section.
(h) In any prosecution under subdivision (c), it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of operation of a recreational vessel if the person had an alcohol concentration of 0.08 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation.
(i) In any prosecution under subdivision (d), it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of operation of a vessel other than a recreational vessel if the person had an alcohol concentration of 0.04 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation.
(j) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person who was operating a vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage in violation of subdivision (b) or (f), the amount of alcohol in the person’s blood at the time of the test, as shown by a chemical test of that person’s blood, breath, or urine, shall give rise to the following presumptions affecting the burden of proof:
(1) If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
(2) If there was at that time 0.05 percent or more, but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
(3) If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.
(k) This section does not limit the introduction of any other competent evidence bearing upon the question whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.
(l) This section applies to foreign vessels using waters subject to state jurisdiction.
Legal Analysis
Harbors & Navigation Code 655 HN is the boating equivalent of California’s DUI laws. Specifically, 655 HN prohibits:
- Driving a boat while under the influence of alcohol or drugs (even if the driver’s blood levels are legal);
- Driving a boat with a BAC of 0.08% or higher (even if the driver is unimpaired and being safe); and/or
- Driving a commercial boat with a BAC of 0.04% or higher.1
California law presumes that BUI (boating under the influence) suspects have an illegal BAC level if they fail a chemical breath test or blood test within three hours of driving the boat. But defendants can try to rebut this presumption in court. For example, evidence that the breathalyzer was defective or that the blood results were contaminated could moot the chemical test results.
California law also presumes that boat operators were not under the influence of alcohol if their chemical breath or blood test returns a BAC result of less than 0.05%. But if their BAC was 0.05% to less than 0.08%, the court can consider that as evidence the operator was under the influence as long as other evidence also indicates the operator was BUI.2
Note that police officers have sufficient probable cause to arrest BUI suspects if a Coast Guard officer directly observed the suspect allegedly boating under the influence of alcohol or drugs. Police do not need any other evidence – such as a failing preliminary breathalyzer test result – to apprehend the suspect for BUI.3
H&N C 655 prohibits boating under the influence in California.
Legal References
- California Harbors & Navigation Code 655 HN – Reckless or negligent use; Operation under influence of alcohol, any drug, or both; Presumptions. See also People v. Arter (Cal. Super. Ct., 2017), 227 Cal. Rptr. 3d 183, 19 Cal. App. 5th Supp. 1. See also People v. Gutierrez (Cal. Super. Ct., 2019), 245 Cal. Rptr. 3d 143, 33 Cal. App. 5th Supp. 11.
- H&N 655.
- H&N 655.