Driving Under the Influence


As with a motor vehicle, Boating Under the Influence is a crime in California in most jurisdictions. The per se level in California is .08%, but as with a motor vehicle, it is also a crime to operate a vessel while impaired by alcohol or drugs, or both. The penalties are similar to DUI‘s involving a motor vehicle, including a driver‘s license suspension.

Another important factor is that Boating Under the Influence counts as a conviction for Driving Under the Influence. For example, if a person is convicted of Boating Under the Influence and commits a DUI within 10 years, the DUI is a second offense. The reverse is not true, however, as there are no multiple offenses for Boating Under the Influence. Therefore, the DUI followed by a BUI would not make the BUI a second offense. In addition, a BUI would legally be the same even with prior BUI convictions. The Court could, however, seek to impose an enhanced penalty. It would just not be legally required.

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