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Boating or operating a motorcycle under the influence of drugs or alcohol is illegal in the state of California. While the definition of vehicle tends to vary from state to state, the California Vehicle Code defines a vehicle as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Under this definition, boats and motorcycles are considered vehicles.
Motorcycling Under the Influence
Motorcycling under the influence is very similar to driving under the influence. If a person is under the influence of drugs or alcohol, and they are operating a motor vehicle, such as a motorcycle, they are subject to California DUI laws and consequences. After a person is arrested for motorcycling under the influence, the officer will take possession of his or her driver’s license. During the arrest or after being released from jail, the individual will be served with a pink suspension notice or a temporary license form entitled, Form DS-367. After the date of arrest, the person only has 10 days to schedule a hearing with the California Department of Motor Vehicles to contest his or her license suspension. Failure to schedule a hearing will result in automatic license suspension.
The DMV officer has the burden of justifying the license suspension. In order to justify the suspension of a driver’s license, the DMV officer must conclude that the arresting officer had probable cause and lawfully made the arrest. He must also find that the BAC results of the driver were 0.08% or higher. The DMV hearing is very technical, and while the arresting officer may testify at the hearing, the final decision will be based upon the facts presented.
Motorcycling Under the Influence Penalties
If a person is arrested for DUI, it will appear on his or her criminal record. A damaged criminal record may be viewed negatively by future employers and landlords, and can also impact a person’s educational opportunities. A person who is convicted of DUI is subject to harsh legal consequences, such as jail time, fines, license suspension, DUI School, and/or probation. Sentences can be enhanced if the driver refused to take the BAC test, had a BAC result of 0.20% or higher, had a minor under the age of 14 in the vehicle, or had prior DUI convictions.
Boating Under the Influence
According to California’s Harbors and Navigation Code, it is illegal to operate a boat with a blood alcohol content of 0.08% or greater. It is illegal to operate a commercial craft with a BAC of 0.04% or higher.
Boating Under the Influence Penalties
A person who is convicted of BUI is subject to harsh legal consequences, such as jail time, fines, license suspension, DUI School, and/or probation.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training, and experience to defend your drunk driving case. Attorney Tayac can also help you schedule your hearing with the DMV and represent you at the hearing. Remember, you only have 10 days to prevent your license from being suspended. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!
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