Operating Other Vehicles under the Influence

Driving a vehicle under the influence (DUI) is one of the most serious and common traffic violations on the road.

According to California Vehicle Code (§ 23152(a) (b)) in order to be found guilty in DUI it must be proven that a person:

a) was driving a vehicle
b) was under the influence of alcohol and/or drugs or with a blood alcohol content of 0.08% or higher(California’s DUI Per Se Law).

Vehicle includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation.

California DUI laws are applicable also in case of boating (BUI), flying (FUI), or bicycling/cycling (CUI) under the influence.

Pursuant to California’s Harbors and Navigation Code boating under the influence (BUI) is present when any operator of boating equipment has a blood-alcohol content (BAC) of 0.08% for recreational vessels and 0.04% for commercial water craft as well as it is set a zero BAC level for water skis and aquaplanes. The offender can face the following penalties: fines, jail time, and/or probation. A BUI conviction can be also “prior” for the subsequent BUI within 10 years as well as it can be evaluated as “prior” for “ordinary” DUI cases within 5years.

According to the Federal Aviation Administration (FAA) regulations, it is prohibited to act as a crew member on a flight when:

  • it has been consumed alcohol within 8 hours of the flight

Or

  • if the person has a BAC of .04% or higher.

A person convicted in FUI can face the following penalties: fines, jail sentences and revocation of the (pilot’s) license.

Cycling (CUI) under the influence represents less danger for the society that is why the penalties previewed for this offence are not as severe as for previous ones. In particular, a person convicted in a CUI can face a fine of $250 and a criminal record.

 

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.

You may file your request online, by telephone or by mail. 818-553-1000

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