The Second District Court of Appeals in California has ruled that boaters who are arrested for DUI in their boats, can not lose their driver license to operate a motor vehicle. California law treats DUI boating the same way as motor vehicle DUI, including the same alcohol limit of .08. Boaters can be sentenced up to six months on a first offense, and required to take a boater safety course.
However, you don't need a license to drive a boat. The Department of Motor Vehicles was suspending a person's driver's license for boating under the influence. No longer, says the Court, because no law in the Vehicle Code allows it.
Look for this to trigger activity in the California Assembly. A previous attempt in the assembly in 2004 failed.
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