California BUIs and the DMV - Setting the Record Straight
There seems to be a lot of confusion about the penalties imposed in connection with a California boating under the influence conviction. A majority of the information found on the Internet suggests that if you are convicted of BUI under California Harbors and Navigation Code 655, the DMV will suspend or revoke your vehicle driver’s license just as if you were convicted of a DUI.
We’re here to tell you that this isn’t the case…although it used to be.
Prior to 2008, the California DMV would automatically suspend/revoke your driver’s license if you were arrested for BUI. Just as is the case with a DUI, you would have to request a DMV administrative per se hearing in order to challenge the DMV’s order.
However, in August of 2008, the California Supreme Court ruled that California’s boating under the influence laws do not authorize the Department of Motor Vehicles to take this action. The Court made it clear that although a BUI conviction will result in an enhanced DUI penalty, a BUI conviction is not the same as a DUI conviction and, as a result, is not subject to the same punishment.
Although Senate Bill 154 was introduced earlier this year to give this authority back to the California DMV, it is still awaiting consideration by the Assembly Appropriations Committee. So as the law currently stands, the DMV cannot suspend or revoke your license for a BUI arrest.
