Los Angeles DUI cases involving motorcycles, boats, planes and bicycles are similar in many respects to drunk driving cases involving cars. However, there are also important differences, so it's critical to have a defense lawyer who is well-versed in the intricacies of each type of case. A skilled Los Angeles DUI attorney has the knowledge you need to effectively fight charges of motorcycling, boating, flying or bicycling under the influence.
Boating, flying and bicycling under the influence are all covered under separate California laws. Each carries significant repercussions, but all of these charges can be fought aggressively with the help of an expert attorney.
The definition of "vehicle" varies from state to state, but the California Vehicle Code defines a "vehicle" as a "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." This definition includes cars, trucks, mopeds, motorcycles, scooters, and bulldozers.
Motorcycling under the influence is prosecuted under the same California DUI laws as drunk driving cases involving passenger cars, and is similar in almost every respect. Motorcycling under the influence arrests trigger two separate cases - at the California DMV and in court.
Motorcyclists arrested for Los Angeles DUI must request a DMV hearing within 10 days of arrest. If you fail to request a hearing within that 10-day period, which includes weekends and holidays, the California Department of Motor Vehicles will automatically suspend your license.
At your APS hearing, the Department of Motor Vehicles must prove with a preponderance of the evidence - the lowest standard of proof in law - that the police had a reasonable belief that you were under the influence, that your arrest was lawful, and that you had a blood alcohol content (BAC) of .08 percent or greater. If the DMV is able t to establish those facts, your license will be suspended.
If you're convicted of riding a motorcycle under the influence in criminal court, you face the same punishment handed down to other convicted Los Angeles DUI drivers - jail time, fines, alcohol education classes, probation, etc. The prosecutor will seek to introduce evidence against you that will include your chemical test results, field sobriety tests, and driving patterns prior to being pulled over by police.
Boating under the influence, also called BUI, is covered by the California Harbors and Navigation Code. Under California law, anyone who operates a recreational vessel with a BAC of .08 percent or greater or a commercial craft with a BAC of .04 percent or greater will be charged with boating under the influence. Craft such as aquaplanes and water skis are zero tolerance, meaning that you cannot drink any alcohol at all when operating them.
California boating under the influence charges carry severe repercussions, including jail time and fines. If you're facing a charge of boating under the influence of alcohol or drugs, you should consult with an experienced Los Angeles DUI attorney to learn about aggressive defense strategies.
Flying any commercial or private aircraft while under the influence of alcohol or drugs (FUI / FWI) is an extremely serious charge. Pilots who fly while intoxicated can face both state and federal charges, and the potential penalties are severe. The Federal Aviation Administration (FAA) strictly regulates alcohol consumption by the crew of all civil aircraft.
The FAA prohibits anyone from acting as a crew member of any civil aircraft who has consumed alcohol within eight hours of flying, is under the influence of alcohol or drugs, or has a blood alcohol content of .04 percent or greater. Anyone who violates these provisions faces imprisonment, fines, and revocation of the pilot's license.
Pilots of civil aircraft are subject to an implied consent law similar to the one that covers accused drunk drivers. Implied consent means that a pilot must take a chemical test if arrested for being under the influence of alcohol or drugs. Pilots who refuse to submit to a chemical test can receive a large fine and faces suspension or revocation of their pilot's licenses.
A Los Angeles DUI conviction can also impact a pilot's flying privileges. The FAA requires that pilots report all drunk driving convictions on their first-class medical applications, and also to the Civil Action Security Division in Oklahoma City. The pilot has just 60 days to report a DUI conviction.
Cycling under the influence (CUI) is a less-serious charge than Los Angeles DUI, but you can still aggressively fight these charges. California CUI convictions carry a fine of $250 - clearly this is a far more lenient punishment than driving a motor vehicle under the influence of alcohol.
Bicycles aren't vehicles under California law, and therefore the standard drunk driving statutes don't apply to cyclists. However, bicycles are covered under a separate section of the California Vehicle Code that mandates that it is unlawful to ride a bicycle on a highway while intoxicated.
One common challenge to a California CUI charge is to question whether you were in fact riding your bicycle on a "highway." Although highways by definition under California law include public streets, private roads and driveways are not included.
California charges of riding a motorcycle, boating, flying or riding a bicycle under the influence of alcohol or drugs can bring severe consequences, so you need an expert defense lawyer at your side protecting your rights. An experienced Los Angeles DUI attorney can defend any California motorcycling under the influence, FUI, BUI or CUI charge.
