Boating Under the Influence (BUI)

Boating Under the Influence is a serious charge that requires quality legal representation. Harbors and Navigation Code Section 655 makes it a crime to operate: a recreational vessel with a blood alcohol content of 0.08% or higher; a commercial vessel with a blood alcohol content of 0.04% or higher; a water ski or aquaplane after consuming any amount of alcohol or ingesting any amount of drugs; a water ski or aquaplane in a "reckless or negligent manner."

Even though open containers of alcohol are permitted on boats, law enforcement does not ignore use of a boat while intoxicated. Penalties for BUI include fines of up to $1000 and/or jail time of up to 6 months. Though the Department of Motor Vehicles is not permitted to suspend your automobile driver's license for a BUI, a BUI conviction does stay on your DMV record for 10 years and can be counted as a prior DUI conviction if another DUI is committed within those 10 years.

Cycling Under the Influence (CUI)

Section 21200 of the California Vehicle Code makes it illegal for "any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug."

Cycling Under the Influence differs from DUI in that there is no specified blood alcohol content required to be charged with CUI. A person can be cited for CUI based on an officer's observations of behavior - such as erratic riding - or the presence of any amount of alcohol in the defendant's system. Obviously, because of the subjective nature of CUI arrests, people cited for cycling under the influence can benefit from representation by an experienced defense attorney.

Penalties for CUI include a maximum $250 fine and inclusion of the CUI on the DMV driving record. However, there are no restrictions on driving and no points accrued for auto insurance.

Free Consultation

If you've been arrested for BUI or CUI, call me at (916) 442-1200 for a free and confidential review of your case.