Boating Under the Influence and DMV License Suspensions

By: Wallin & Klarich

Can I lose my driver’s license for boating under the influence? Do I need a DUI defense attorney?

canstockphoto12058219California 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.

Call Wallin & Klarich Today

If you or a loved one is facing DUI charges, it is critical that you speak to an experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients accused of DUI.Our attorneys will fight to get you the best possible outcome in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.

Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.

Posted In: DUI & Drunk Driving