BUI Attorney in Newport Beach

Specialized Defense Against BUI (Boating Under the Influence) Charges in Newport Beach

Facing a criminal defense matter, such as a boating under the influence charge, can bring uncertainty and stress. In Newport Beach, law enforcement agencies, including the Orange County Sheriff’s Department, actively patrol local waterways for suspected alcohol or drug impairment.

As your BUI defense team, we guide you through the process, bringing detailed knowledge of both California boating laws and the specific procedures used in Newport Harbor. You deserve a defense that accounts for every variable in your case.

Enforcement in Newport Beach increases during summer weekends and high-profile boating events, when harbor patrol and other local agencies conduct saturation patrols and random vessel checks. Many stops occur near popular marina access points or during major holidays, raising the likelihood of interaction with law enforcement. 

Our understanding of these local patterns allows us to set realistic expectations and help clients prepare for each stage of their boating under the influence case in the Newport Beach area. We keep you informed about jurisdictional differences and local procedures, so you always know what to expect.

If you are facing BUI charges, call a BUI attorney in Newport Beach now! We are former prosecutors offering 24/7 availability and free consultations. Contact our firm at (949) 251-0330 or reach out online immediately.

Understanding California’s BUI Laws (H&N Code §655)

California law establishes two primary paths to a BUI conviction, targeting both alcohol and drug impairment. Unlike the administrative license suspension for motor vehicle DUIs, a BUI conviction does not automatically trigger a driver's license suspension, but it can still be used as a prior offense to enhance a future DUI charge.

The Elements of BUI

• BUI Per Se (H&N §655(c)): Operating a recreational vessel with a BAC of 0.08% or higher.
• BUI Impairment (H&N §655(b)): Operating any vessel while under the influence of alcohol, drugs, or a combination thereof, to the extent that your mental or physical abilities are impaired.
• Commercial Vessels: Operating a commercial vessel with a BAC of ≥0.04% is illegal.
• Underage BUI (§655.5): For minors under 21, operating a vessel with any measurable amount of alcohol (≥0.01%) is prohibited.

Aggravated BUI (Felony Risk)

A BUI charge becomes a serious wobbler (can be charged as a felony or a misdemeanor) if the driver, while under the influence, concurrently does an illegal act or neglects a legal duty, which proximately causes bodily injury to another person (H&N §655(f)). This felony carries a potential prison sentence of up to three years.

Penalties and Collateral Consequences of a BUI Conviction in California

A BUI conviction carries sanctions similar to a misdemeanor DUI, escalating severely for subsequent offenses.

Direct Sentencing Penalties (First Misdemeanor BUI)

• Jail Time: Up to six months in county jail (Penal Code §19).
• Fines: Up to $1,000, plus court assessments.
• Probation: Three to five years of summary (misdemeanor) probation.
• Education: Mandatory enrollment in a court-approved BUI or DUI school.

Felony Penalties (BUI Causing Injury)

• Prison: Up to three years in state prison.
• Felony Record: Loss of civil rights, including the right to possess firearms.

Collateral Consequences

• DUI Enhancement: A prior BUI conviction can be used by the DMV and the court to enhance the penalties for a subsequent DUI conviction within seven years, resulting in longer license suspensions and jail time.
• Professional Licensing: Convictions for alcohol or drug-related offenses can trigger disciplinary action or denial of state-issued licenses.

The California Criminal Defense Process for BUI

The defense strategy for a BUI case in Orange County focuses on challenging the unique conditions of the stop and the compromised nature of the testing environment.

• Immediate Counsel and Testing: We offer 24/7 availability to provide immediate counsel. While a BUI arrest does not automatically suspend your car license, refusal to submit to a chemical test (blood or breath) can be used to enhance the criminal sentence if convicted.
• Challenging the Stop on the Water: We scrutinize the initial vessel stop by law enforcement (e.g., OC Sheriff's Harbor Patrol or Coast Guard). We argue the stop was made without reasonable suspicion of a violation, rendering subsequent evidence inadmissible.
• Attacking Field Sobriety Tests (FSTs): We aggressively challenge FSTs conducted on a vessel, arguing that the results are scientifically unreliable because of:
  • Unstable Platform: The natural motion of the water/vessel, wind, or waves invalidates balance-based FSTs.
  • "Seasickness" or Fatigue: Symptoms like unsteadiness or nausea can be mistaken for intoxication.
• Challenging Chemical Tests: We scrutinize the procedures used to collect and preserve blood samples, challenging the chain of custody and the accuracy of any breathalyzer used at the dock.
• Plea Negotiation and Reduction: We leverage the technical difficulties the prosecution faces in proving BUI (due to unstable testing and subjective observation) to negotiate a reduction to a non-alcohol-related offense (like simple reckless boating or disorderly conduct).

Defending Against BUI Charges in Newport Beach

We begin each defense by reviewing every detail of your BUI stop and investigation. Local agencies like Orange County Sheriff’s Harbor Patrol and California Department of Parks & Recreation run regular operations across the coastline and within Newport Harbor. Officers often use field sobriety tests adapted for boating, portable breathalyzers, and chemical testing—all of which must follow California’s strict legal standards.

Our defense approach emphasizes a careful review of each police action—from the initial boarding of your vessel to any chemical tests administered at the station. We pay close attention to probable cause, the procedures employed, and how evidence was collected. We tailor our strategy to both DMV and California Harbors & Navigation Code requirements, recognizing penalties unique to boating offenses in Orange County.

Nuances in boating law require careful, localized consideration. Tasks such as field sobriety testing present unique challenges on unstable boats or in marina environments. We leverage our knowledge of seasonal enforcement patterns—such as increased patrols during local boating festivals—to provide realistic advice based on the timing and location of your arrest.

Why Work with Our Newport Beach BUI Lawyers

With more than 100 years of combined courtroom experience, our team at Corrigan Welbourn Stokke, APLC includes former prosecutors who have handled a broad spectrum of criminal defense matters throughout Orange County. Our BUI attorneys in Newport Beach understand how cases are built from both the prosecution and defense side, giving you the benefit of strategic, balanced representation. 

Each case receives direct attention from seasoned lawyers—never junior associates. Our collaborative approach brings together multiple perspectives for every client. We make it a priority to listen, explain, and adapt our strategies as your situation evolves. 

You can expect the following at every step:

• Former prosecutor perspective: We understand how local prosecutors in Newport Beach handle BUI charges.
• Personal, accessible service: Founding attorneys remain available to address your concerns from start to finish.
• 24/7 responsiveness: Our firm can provide same-day appointments and immediate guidance when you need support most.
• In-depth local familiarity: Our experience in Newport Beach courts and with law enforcement agencies allows us to deliver advice grounded in real knowledge of the area’s legal landscape.
• Comprehensive, team-based strategies: We bring our collective insight to every case, supporting you with thorough and thoughtful planning.

Direct access to accomplished attorneys sets our firm apart. Every founding partner’s unique prosecutorial background enriches case analysis and decision-making. As a small, focused firm, we offer nimble, responsive service without unnecessary delays or distractions. 

Contact a BUI Lawyer in Newport Beach Today

If you face BUI charges in Newport Beach or anywhere in Orange County, call our BUI attorneys for immediate guidance. At Corrigan Welbourn Stokke, APLC, seasoned defense lawyers provide honest answers and responsive service from your first call. We dedicate our resources and collective experience to every client, giving you the direct access and local knowledge you need for peace of mind. 

Call (949) 251-0330 or reach out online today for confidential help—our team welcomes same-day appointments and will address your concerns with clear, straightforward advice.