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California Boating, Flying or Bicycling Under the Influence

Just like it is a criminal offense to drive a vehicle in California while under the influence of alcohol (DUI), it is also an offense to operate a boat, plane, or even ride a bicycle while under the influence of alcohol.  As with a California DUI, being arrested for boating, flying, or bicycling/cycling under the influence can affect one’s driving record with both the California Department of Motor Vehicles (DMV) and the National Drivers Register.  There are notable differences, however, between a DUI and a California BUI, FUI or CUI and it is wise for those arrested for such offenses to seek out experienced legal representation from a skilled California defense attorney who is well versed in such cases. 

Boating under the Influence

Under California’s Harbors and Navigation Code boating under the influence (BUI) is defined as having a blood-alcohol content (BAC) of .08% for recreational vessels and .04% for commercial water craft. California’s statutes set a zero BAC level when operating water skis and aquaplanes.  The consequences faced by those arrested for California Boating Under the Influence include fines, jail time, and probation. Furthermore, as with DUI’s, BUI’s are “priorable,” meaning that such convictions will count the same as a DUI offense that occurred within a 10 year period.  For instance, if a California DUI offender is convicted of DUI 5 years before being arrested for the BUI, the current BUI offense will be counted as a second offense (or vice versa) and enhanced penalties may be imposed.

Flying under the Influence

A pilot who flies any aircraft, either commercial or private while under the influence of alcohol or drugs (FUI/FUID) can be charged under both federal and state laws.  Such  California flying under the influence offenses can result in severe consequences, including hefty fines, lengthy jail sentences and revocation of the individual’s pilot’s license.  Under the regulation of the Federal Aviation Administration (FAA), no one is allowed to act as a crew member on a flight when he or she has consumed alcohol within 8 hours of the flight or who has a BAC of .04% or higher.  In addition, there is also an implied consent law that pertains to licenses to fly an aircraft.  Under this California law, pilots who are arrested for being under the influence of alcohol or drugs must submit to chemical testing.  If a pilot refuses, enhanced penalties may be imposed if convicted of the FUI.  The laws surrounding FUI cases are complex, and it is important that pilots facing such charges  seek competent California DUI/FUI attorney representation.  

Bicycling/Cycling under the Influence

Bicycling/cycling under the influence (CUI) is the least of the these three offenses; however, cyclists arrested for CUI still face a fine of $250 (California VC Section 21200.5) and a criminal conviction on their records.  Skilled California DUI attorneys will often devise challenges to CUI charges that include establishing the fact that the cyclist was not riding on a “highway.”

As with any DUI case, being charged with an “under the influence of alcohol or drug” offense while operating a boat, plane, or bicycle is serious and can result in severe consequences.  However, experienced California DUI Defense Lawyers most often will be able to keep the penalties to a minimum.  Thus, it is prudent for individuals who face such charges to consult with a skilled  California DUI defense attorney as soon as possible. 

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