Boating Under the Influence of Alcohol or Drugs

Much like operating a motor vehicle under the influence of drugs or alcohol, boating under the influence in violation of California Harbors and Navigation Code, Section 655, is a criminal offense. This law makes it unlawful to operate a boat or watercraft with a blood alcohol concentration of 0.08% or greater. A person who is convicted of boating under the influence (BUI) is subject to legal consequences similar to those for DUI, such as imprisonment, substantial monetary fines, community service, and probation.

The symptoms that typically attract law enforcement agencies to individuals who may be boating under the influence include:

  • Speeding
  • Erratic operation of the watercraft
  • Equipment violations (life preservers or navigation lights)
  • Right-of-way violations

The consequences for a Boating Under the Influence (BUI) arrest are very similar to a Driving Under the Influence (DUI) arrest, but are not identical. The differences between the two types of cases can be explained by a knowledgeable boating under the influence attorney.

Motorcycling Under the Influence

Motorcyclist rides between cars on freewayCalifornia DUI laws apply to all motor vehicles including cars, trucks, and motorcycles. A motorcyclist who is arrested for driving under the influence is subject to the same criminal procedures and consequences as a person arrested for driving a car under the influence of alcohol or drugs.

Much like a vehicular DUI arrest, when an individual is arrested for driving a motorcycle under the influence, the arresting officer will confiscate the driver’s license. The arresting officer will replace the motorist’s driver’s license with a temporary driver’s license that is valid for a period of thirty days. It is imperative to remember that an individual has ten (10) days, including weekends and holidays, to schedule an Administrative Per Se (APS) hearing with the California DMV in order to the license suspension. If the motorist refused to submit to a blood alcohol test or if a hearing is not scheduled within the ten (10) day window, the individual’s license will automatically be suspended.

Driving a motorcycle under the influence is considered a serious offense by the State of California. Such an offense is punishable by the same harsh legal consequences imposed on individuals convicted of driving a motor vehicle under the influence of alcohol or drugs.

Devermont & Devermont
Attorneys at Law

429 Santa Monica Blvd. #210   •   Santa Monica, CA 90401
Toll-Free: (888) 900-6666   •   Cell-Phone: (310) 393-0308
Click Here To Contact Us Now


"Derek is a competent professional lawyer who knows how to get things done without the bureaucratic process found at most firms. I was in need of help quickly and Derek stepped up right away with the know how and tenacity to tackle any problem. I felt completely comfortable being out of town and having Derek take care of my issue and he solved it with ease. I recommend him greatly and would absolutely work with him in the future." Dan F


"After being cited for a Misdemeanor DUI, I was influenced by many to just face the consequences because "hiring a lawyer never works out in your benefit". I was terrified and confused until I met Mr. Devermont so I decided to take my chances. He assured me that I didn't have to worry anymore, and even at times where I wanted to give up he fought harder. My BAC was .11 but Derek managed to get my citation reduced to a dry reckless. I would highly recommend him to anyone!" Kelly B


"Derek Devermont is the best DUI lawyer anyone can ever ask for. Not only is he competent and industrious, Derek would go the extra mile for his clients to ensure the best possible outcome. I was unfortunately charged with DUI when I was 20 years old. Without me doing anything (appear in court, speak to the judge, etc), Derek won the case for me. Derek's favorite saying goes like this "don't worry, leave the worrying to me. I'm your lawyer." Thanks to Derek, I was able to keep my driving privileges, and preserve my life. He secured a not guilty verdict and erased any license suspension. " Jennifer F