What are the effects of alcohol and drug use on a boating accident case?

Alcohol and drug use can have serious effects on a boating accident case in California. The presence of any amount of alcohol or drugs can have an impact on the outcome of a case. This is especially true in cases involving fatalities, as intoxication can be seen as an act of negligence on the part of the boat operator. Under Boat Navigation Code 635, it is illegal to operate a boat with a blood alcohol concentration (BAC) of 0.08% or higher. If the boat operator involved in the accident is found to have a BAC above this level, they can be held legally responsible for any injuries, death, or property damage that results. The boat operator can also be charged with a misdemeanor, which carries a penalty of up to 6 months in prison and a $1000 fine. In addition to the legal liability, a boat operator found to be impaired by alcohol or drugs can face civil liability for their actions. This can include being found responsible for any resulting damages, pain and suffering, and emotional distress suffered by the victims of the accident. Additionally, if the boat operator was acting in a grossly negligent manner due to impairment, they may be found to be responsible for punitive damages. Overall, boat operators should be aware that the use of alcohol or drugs can have a devastating effect on the outcome of a boating accident case in California. Intoxication can greatly increase the likelihood of negligence and legal liability being found. As such, it is important to always operate a boat while sober.

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What are the effects of alcohol and drug use on a boating accident case?

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