Bay Area Assemblyman Introduces Bill to Expand DUI Tests of Boaters

A Bay Area assemblymember says he’s introduced new legislation this week, aimed at improving boating safety ”...by allowing law enforcement to obtain a search warrant to test the blood of a person suspected of operating a marine vessel while under the influence of drugs and/or alcohol.”

“Boating under the influence is a serious public safety problem. California has some of the strictest DUI laws in the nation, but we need tough boating laws as well,” said Levine. “This bill will encourage responsible and safe boating by making sure that law enforcement has the authority to determine whether a boater is under the influence.”

“We strive to keep our state’s waterways safe and dealing with those who operate vessels while under the influence of drugs or alcohol is a key component of that,” said Cory Salzillo, Legislative Director for the California State Sheriffs’ Association. “AB 539 will ensure law enforcement has the proper tools to investigate and prosecute those who put boaters and swimmers at risk by boating under the influence.”

Levine’s bill would expand on SB 717, which was signed by the governor in 2013 and permits law enforcement to obtain search warrants for blood tests of motorists thought to be driving under the influence, when said motorist refuses to submit to blood tests.

According to Levine’s office, AB 539 expands this law to boaters as well.

There were a total of 4,062 recreational boating accidents in 2013 that involved 560 deaths and 2,620 injuries, according to Levine’s office.

“Alcohol use is the leading known contributing factor in fatal boating accidents,” a news release from the assemblyman states. “Where the primary cause was known, it was listed as the leading factor in 16% of deaths. Alcohol or drug use occurred in almost 11% of the accidents and 33% of the deaths involving operator error of a recreational boat.”

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