DUI Boating, Golf Carts and Other Vehicles:  Did you know that you can be charged with a DUI for being under the influence of alcohol while riding horseback? It’s true! This is the result of a rather expansive definition of what a “vehicle” is under California’s Motor Vehicle Code.  DUI boating arrests are actually quite common.  And this expansive view of what constitutes a “vehicle” includes golf carts, motorized skateboards, and bicycles with motors- including electric motors.

It is against the law to boat or operate any vehicle (including everything from a motorcycle to a bicycle) under the influence of alcohol or drugs in the State of California. The California Vehicle Code defines a “vehicle” as any “device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks”. As such, the definition of vehicle has been held to include everything from bicycles to a horse-drawn buggy.

Operating a Boat or Watercraft Under the Influence

Boating laws are generally governed by California’s Harbor and Navigation Code. Under the Harbor and Navigation Code it is illegal to operate a boat or other watercraft with a BAC of 0.08% or higher (same as a motor vehicle). And, similar to motor vehicles, one cannot operate a commercial craft with a BAC of 0.04% or higher. As with a motor vehicle, if you are convicted of a DUI you are subject to similar penalties including jail time, license suspension, DUI school, fines and probation.

Motorcycling Under the Influence

Motorcycling under the influence is handled in a similar manner to driving a motor vehicle under the influence. The same procedures and penalties apply.

dui boating