BUI (Boating Under the Influence) and CUI (Cycling Under the Influence)
Many people are surprised when they are cited by law enforcement for Boating Under the Influence (BUI) or Cycling Under the Influence (CUI). But all too often, while people are having a good time on the weekend boating or cycling, they cross paths with a police officer or sheriff and they end up with criminal charges for being under the influence of alcohol or drugs. Excursions that start out fun quickly become something that can damage your reputation and cause you to end up with a serious criminal violation on your record. As a criminal defense attorney who has defended these types of cases throughout the Sacramento region, I can review the facts of your incident and build an aggressive and effective defense.
Boating Under the Influence (BUI)Boating Under the Influence is a serious charge that requires quality legal representation. Under Harbors and Navigation Code Section 655, if you do any of the following activities you are subject to arrest: have a BAC (blood alcohol content) of 0.08% or above while operating a recreational vessel or 0.04% or above while operating a commercial water vessel; operate an aquaplane or water ski after you have consumed any quantity of alcohol or taken any drugs; or operate an aquaplane or water ski in a manner that a law enforcement official might consider negligent or reckless.
Even though open containers of alcohol are permitted on boats, law enforcement does not ignore use of a boat while intoxicated. The penalty for Boating Under the Influence can be steep with up to $1000 fines and six months in jail. Though DMV cannot suspend someone’s driver license for getting convicted for BUI, DMV will keep the record of the BUI for ten years. And if you get charged with a susequent DUI within that ten year period then DMV can count the BUI as a prior DUI conviction. These rules highlight the need for a quality criminal lawyer who can protect your rights.Cycling Under the Influence (CUI)
Cycling Under the Influence is also a serious charge that can have serious consequences. These incidents occur frequently to college students who ride through Davis or around Sac State, or to Sacramento Midtown residents who ride their bikes to the local bars and restaurants.
According to California Vehicle Code section 21200, it is against the law to ride a bike on California highways while under the influence of a drug or of alcohol. What is different about CUI in comparison to driving under the influence is that while DUI has a standard of blood alcohol content of 0.08% or higher, there is no comparable standard for CUI. That means that you can charged for CUI solely on what the law enforcement officer observes about your actions or if there is evidence of any alcohol in your system. There is a maximum fine of $250 for Cycling Under the Influence. Moreover, the CUI will be included on your Department of Motor Vehicles driving record. No automobile insurance points are accrued, though, and no driving restrictions are imposed.
Obviously, because of the subjective nature of CUI arrests, people cited for Cycling Under the Influence can benefit from representation by an experienced defense lawyer.Free Consultation
Call me at (916) 442-1200 if you have been charged with Boating Under the Influence or Cycling Under the Influence. In a free and confidential review I can go over the facts of your case and advise you of the legal representation that I can provide in Sacramento, Yolo, Placer, or El Dorado counties.