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Southern California Criminal Defense

Thursday, February 12, 2009  
BUI (Boating Under the Influence) and its effect on your CA driver's license

The Supreme Court in Cinquegrani v. DMV ((2008 163 Cal.App.4th 741) held that the "DMV does not have the authority to suspend driver's licenses after a BUI (Boating Under the Influence) conviction. However, the DMV can still act on your drivers license if you get a BUI (or DUI). If you get a first time BUI, the DMV cannot suspend your license. However, if you get a first-time BUI and then, within ten years, get convicted of another BUI or another DUI, the DMV can, for the purposes of their administrative suspension, treat your second BUI or DUI as a second time offense and thus increase the suspension from the usual four months to one year. This, in essence, treats your BUI much like a "wet reckless" conviction in the courts. A "wet reckless" doesn't count as a DUI, but counts as a DUI if you ever get another one. Therefore, a single BUI will not effect your license but will increase penalties if you are convicted of a second BUI or a DUI.


posted by Mark A. Gallagher, Attorney at Law  # 2:35 PM

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