Phoenix law requires anyone who chooses to operate either personal or commercial watercraft do so without drugs or alcohol in his or her system. Just like the DUI laws regarding street-based motor vehicles, should you choose to operate watercraft while under the influence, also known as OUI, you can face very severe repercussions.
Being arrested for an OUI in Phoenix can be a very overwhelming and frightening experience. It can also lead to jail time, stiff financial penalties, and even the inability to operate watercraft for a lengthy period of time after your conviction.
Therefore, if you find yourself charged with any type of OUI crime in Phoenix, you should immediately consult a reputable attorney with extensive experience defending people charged with OUI crimes of all types in Phoenix. You should also seek out an aggressive defense attorney who will fight to make sure your rights are being upheld at all times.
Let’s take a look at the penalties for OUI crimes in Phoenix…
OUI Penalties for Watercraft in Phoenix
If you are a first time offender found guilty of violating A.R.S. 5-301 by having a blood alcohol content (BAC) of between .08% and .149%, you face a class 1 misdemeanor, which can include:
- Being jailed for at least one day.
- Fines, surcharges and assessments.
- Alcohol screening.
- Alcohol diversion classes.
- Probation and/or community service.
A judge may choose to suspend your jail sentence entirely if you agree to complete an alcohol treatment or education program, which you will have to pay for. All in all, you can face over $2000 out of your pocket, plus significant inconveniences in your personal and professional lives.
If you are a second time offender, which means you are convicted of two OUI crimes in less than a seven-year time frame, you can face:
- Up to 90 days in jail, 60 of which may be suspended if you agree to complete alcohol treatment or education classes.
- Alcohol screening.
- Alcohol diversion classes.
- Fines, surcharges and assessments.
- Probation and/or 30 hours of community service.
Extreme and Super Extreme OUI Penalties in Phoenix
If you are a first time offender convicted of extreme OUI (BAC of .150% to .199%) or super extreme OUI (BAC of over .20%) in Phoenix, you face a class 1 misdemeanor, which can include:
- At least 30 days in jail for an extreme OUI, and at least 45 days in jail for a super extreme OUI, both with no possibility of parole or suspension of sentence until you have served your entire sentence.
- Fines of more than $2500.
- Alcohol screening.
- Alcohol treatment or diversion classes.
All in all, you face almost $6000 in financial repercussions, not to mention a lengthy jail sentence that can severely affect your personal and professional lives. If you are found guilty of a second extreme or super extreme OUI crime within a seven-year time period, penalties include:
- Four months in jail for an extreme OUI.
- Six months in jail for a super extreme OUI.
Additionally, fines double for both offenses, meaning you can be penalized almost $12,000 plus being jailed for an extensive period of time.
Aggravated OUI Crimes in Phoenix
According to Phoenix Revised Statute A.R.S. 5-396, you can be arrested for aggravated OUI if:
- You are convicted three or more times of operating a watercraft under the influence within a seven year period of time.
- You have a person onboard the watercraft that is under 15 years of age.
Beyond extremely harsh financial penalties that will be determined by a judge based on a combination of your previous convictions and the facts of your present offense, you can face:
- A jail term of no less than four months for your 1st aggravated OUI offense (which may be your 3rd misdemeanor OUI charged as a felony), which must be served in its entirety without the possibility of probation, parole or early release.
- A jail term of no less than eight months for your fourth (or more) misdemeanor OUI offense, which must be served in its entirety without the possibility of probation, parole or early release.
- A jail term of no less than ten days for your first offense if the aggravating factor is a child under 15 years of age. This will increase for an extreme or super extreme OUI, which must be served in its entirety without the possibility of probation, parole or early release.
Trust Phoenix DUI Attorney with your OUI Crimes Defense in Phoenix
We cannot stress enough that the best way to avoid ever receiving an OUI charge in Phoenix is to enjoy your boating experience without consuming alcohol or drugs that can ruin the day for you and potentially, many other people. However, if you find yourself charged with an OUI crime in Phoenix, Phoenix DUI Attorney can provide you with focused, aggressive legal assistance for OUI cases of all types and severities.
We can help defend you against OUI charges by making sure your constitutional rights are being protected. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are charged with any type of OUI crime in Phoenix, contact us today for a private, no obligation consultation at 480-900-5177.
