Proven Results. Proven Protection
Whether you were enjoying a day in Mission Bay or returning from the Coronado Islands, a Boating Under the Influence (BUI) arrest in San Diego is a high-stakes crisis. Under California Harbors and Navigation Code, operating a vessel while impaired can jeopardize your driver’s license, your professional standing, and your freedom. At the Law Offices of Logan Noblin, we specialize in deconstructing the flawed “maritime science” used by law enforcement to protect your future.
Don’t Let a Moment of
Conflict Define Your Future
Most general practitioners treat a BUI like a simple traffic ticket. They don’t understand the complexities of maritime jurisdiction, the physics of “boater’s fatigue,” or the specific forensic failures of dockside breath testing. At the Law Offices of Logan Noblin, we provide a specialized maritime defense designed to protect your record from the unique traps of San Diego’s harbor laws.
Defense In Every Corner
Recreational BUI (H&N 655(b))
The most common maritime charge in San Diego. If the prosecution alleges you operated a recreational vessel with a BAC of 0.08% or higher, you face jail time and fines. We aggressively challenge the “observation period” and the environmental factors of the bay that skew breathalyzer results.
BUI Causing Injury (H&N 655(f))
This is a “wobbler” that can be charged as a felony. If an accident occurred and someone was hurt, the stakes skyrocket. We utilize maritime accident reconstruction experts to prove that the injury was caused by mechanical failure, wake conditions, or the other party’s negligence—not your impairment.
Commercial BUI (H&N 655(h))
For those operating a commercial vessel, the legal limit drops to a strict 0.04%. A conviction here is a career-killer for Coast Guard licensed captains and crew. We focus on the “precision of the stop,” ensuring that law enforcement didn’t overstep their jurisdictional bounds during a routine safety inspection.
Boating Under the Influence of Drugs (BUID)
San Diego’s “Narcotics Task Force” often patrols the water looking for marijuana or prescription drug impairment. Unlike alcohol, there is no “legal limit” for drugs. We dismantle these cases by proving that the presence of a substance in your system does not equate to active impairment while navigating.
Negligent Operation of a Vessel
Often charged alongside a BUI, this focuses on “reckless” maneuvers like speeding through a 5mph “No Wake” zone or operating too close to swimmers. Our goal is the “Negotiation Pivot”: we lobby to have BUI charges dismissed in exchange for a plea to a non-alcohol-related negligent operation infraction.
Refusal Allegations & Administrative Hearings
If you refused a chemical test at the dock, the Harbor Police will trigger an immediate attempt to suspend your privileges. We represent you in both the criminal courtroom and the administrative process, fighting to ensure your side of the story is heard before your rights are stripped away.
The Wins
The Tactical Audit: Logan investigated the breathalyzer’s maintenance logs and discovered the device hadn’t been calibrated for the salty, humid environment of the bay.
The Narrative Shift: During trial, Logan demonstrated that the client’s “stumbling” was a natural reaction to stepping onto solid land after eight hours on a choppy sea.
The jury agreed that the “science” was flawed and the physical symptoms were environmental. The client’s record remained clean.
Our Proven 4-Step Blueprint
Boating Under the Influence charges are some of the most technically scrutinized cases in San Diego. Because the “crime scene” is a moving vessel on shifting tides, the prosecution relies on subjective observations and unreliable dockside testing. Logan Noblin uses a tactical roadmap to dismantle the “impaired boater” narrative before the first court date.
01
We don’t take the Harbor Police report at face value. In BUI cases, officers often fail to account for the physical toll the ocean takes on a person.
02
Maritime stops are governed by a complex web of State and Federal laws. However, Harbor Police do not have a “blank check” to violate your rights.
03
The prosecution wants to label you a “reckless navigator” to push for maximum penalties. We fight to re-frame the narrative and strip the “criminal” label from the case.
04
Whether we are presenting a “Tidal Defense” to a jury or petitioning a judge for Judicial Diversion, we fight for a clean slate.
Common Questions
Potentially, yes. California law focuses on the “operation” of the vessel. If you are drifting in a channel or navigating under sail, you are still “operating” the boat. However, if you are safely anchored and not actively directing the vessel’s movement, we can challenge the core of the prosecution’s claim that you were “operating” while impaired.
While the legal BAC limit is often the same (0.08%), the procedures differ. On land, police need “reasonable suspicion” to pull you over. On the water, Harbor Police and the Coast Guard have broader authority to conduct “safety sweeps” and board your vessel without a warrant, making the constitutional defense much more complex.
es. Under PC 1001.95, many misdemeanor BUI charges are eligible for diversion. This allows us to ask a judge to pause the criminal proceedings while you complete water safety courses. Upon successful completion, the case is dismissed and sealed, meaning you never receive a conviction
It depends on the location. If the arrest occurred within three nautical miles of the coast, it is typically prosecuted in San Diego State Court. If it occurred in international waters or on a federal installation, you may face charges in U.S. District Court. We have extensive experience in both jurisdictions.
This is a forensic defense that explains why a boater might “fail” a field sobriety test while sober. After hours on the water, the inner ear and brain adapt to the boat’s motion. When you step onto a dock, your body naturally sways (Ataxia), which an untrained officer will incorrectly document as alcohol impairment.
es. A BUI conviction is a “red flag” for the U.S. Coast Guard (USCG) and professional licensing boards. We prioritize “The Negotiation Pivot” to reduce charges to non-alcohol infractions, specifically to prevent the mandatory reporting requirements that trigger license revocation.
Liability on a vessel can be shared, but the prosecution must prove you exercised “physical control” over the boat’s direction or speed. If you were merely a passenger or a lookout, we fight to prove “mere presence,” which is not a crime under the Harbors and Navigation Code.
We file a motion to suppress if the Harbor Police exceeded their authority. Even though they can board for “safety checks,” they cannot turn a life-jacket inspection into a full-scale criminal search without probable cause. If they overstepped, the judge can throw out all the evidence.
The law (H&N 655) applies to all “vessels,” including Jet Skis, sailboats, and even kayaks. However, the physical evidence is different—for example, it is nearly impossible to perform a Field Sobriety Test on a PWC. We use the unique nature of the vessel to highlight the absurdity of the officer’s “impairment” observations.
A standard DUI lawyer often lacks the maritime knowledge required to challenge a BUI. You need a strategist who understands tide charts, GPS data, and marine electronics. Without understanding how the environment affects the “science” of the stop, a lawyer is just guessing.
If you refuse a chemical test (breath or blood) after a BUI arrest, you face “enhanced” penalties, including mandatory jail time and a longer suspension of boating privileges. We scrutinize whether the officer gave you the required “implied consent” warnings correctly; if they didn’t, the enhancement can be struck.
As the owner, you can be held civilly liable for damages, but you should not be held criminally liable for a BUI if you weren’t the operator. We use digital forensics and witness statements to prove you were not the one “at the helm,” shifting the criminal focus away from you entirely
