Boating Under the Influence and DMV License Suspensions
Can I lose my driver's license for boating under the influence? Do I need a DUI defense attorney?
California Vehicle Code section 305 defines “driver” as “a person who drives or who is in actual physical control of a vehicle.”
The term “Driving” has been defined in various ways by courts, and the issue was most recently addressed by the California Supreme Court in Mercer v. DMV 53 Cal.3d 753 (1991). However, the Mercer court did not determine whether or not “volitional movement” of the vehicle required the vehicle to move under its own power.
Section 415 of the California Vehicle Code defines a “motor vehicle” as “a vehicle which is self-propelled.” The DMV does consider a boat to be a “motor vehicle” for purposes of DMV license suspensions. As such, the DMV has for many years suspended people’s driver’s licenses if they were convicted of boating under the influence.
If you or a loved one is accused of boating under the influence in California, call Wallin & Klarich for a free consultation. Call us today at 1-888-280-6806, or fill out our confidential case evaluation form online at www.wklaw.com.