Boating Under the Influence of Alcohol or Drugs
Much like operating a motor vehicle under the influence of drugs or alcohol, boating under the influence in violation of California Harbors and Navigation Code, Section 655, is a criminal offense. This law makes it unlawful to operate a boat or watercraft with a blood alcohol concentration of 0.08% or greater. A person who is convicted of boating under the influence (BUI) is subject to legal consequences similar to those for DUI, such as imprisonment, substantial monetary fines, community service, and probation.
The symptoms that typically attract law enforcement agencies to individuals who may be boating under the influence include:
- Speeding;
- Erratic operation of the watercraft;
- Equipment violations (life preservers or navigation lights);
- Right-of-way violations;
The consequences for a Boating Under the Influence (BUI) arrest are very similar to a Driving Under the Influence (DUI) arrest, but are not identical. The differences between the two types of cases can be explained by a knowledgeable boating under the influence attorney.
Motorcycling Under the Influence
California DUI laws apply to all motor vehicles including cars, trucks, and motorcycles. A motorcyclist who is arrested for driving under the influence is subject to the same criminal procedures and consequences as a person arrested for driving a car under the influence of alcohol or drugs.
Much like a vehicular DUI arrest, when an individual is arrested for driving a motorcycle under the influence, the arresting officer will confiscate the driver’s license. The arresting officer will replace the motorist’s driver’s license with a temporary driver’s license that is valid for a period of thirty days. It is imperative to remember that an individual has ten (10) days, including weekends and holidays, to schedule an Administrative Per Se (APS) hearing with the California DMV in order to the license suspension. If the motorist refused to submit to a blood alcohol test or if a hearing is not scheduled within the ten (10) day window, the individual’s license will automatically be suspended.
Driving a motorcycle under the influence is considered a serious offense by the State of California. Such an offense is punishable by the same harsh legal consequences imposed on individuals convicted of driving a motor vehicle under the influence of alcohol or drugs. If the individual has prior DUI convictions, the consequences for subsequent DUI arrests, whether they are vehicle related or motorcycle related, will be enhanced in proportion to the individual’s number of prior convictions.