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Asked almost 2 years ago - Fresno, CA
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Yesterday I was at the lake with a family member and he was pulled over and taken to jail for driving my boat under the influence of alcohol. I believe he was imprisoned for a felony domestic violance charge when he drug his ex-wife out of their house and dislocated her shoulder in the process. I believe he also had a charge as a youth offender of discharging a firearm by accident in public. Not sure if this would apply to the current situation. I believe because he is on parole he will have to go before a judge. Not sure if it is purely the judges call or if he will likely go back to serve additional time.
Your help in understanding the current situation would be greatly appreciated.
It appears that there will be at least two issues that your friend will face. One is the current DUI charge. Even though this charge is a DUI for operating a boat while under the influence that does not mean it should be taken lightly, especially given his previous background. The other issue he will face is a possible parole or probation violation depending upon the outcome of his last case. Needless to say he needs an attorney to sort him through all these charges. It is difficult for anyone unfamiliar with his cases to state what will happen. The best thing that can be done is find a good attorney to assist.
Robert Driessen
This answer is meant to supplement my colleague's responses, which properly assured you that your husband is not facing prison time for a parole violation for this new misdemeanor conduct.
Unless your husband was driving an amphibious vehicle, however, you have described an arrest for boating under the influence ("BUI") under the Harbors and Navigation Code, not a DUI. There are subtle differences. In case you want to read it, H&N Code Section 655 states:
(a) No person shall use any vessel or manipulate water skis,
an aquaplane, or a similar device in a reckless or negligent manner
so as to endanger the life, limb, or property of any person. The
department shall adopt regulations for the use of vessels, water
skis, aquaplanes, or similar devices in a manner that will minimize
the danger to life, limb, or property consistent with reasonable use
of the equipment for the purpose for which it was designed.
(b) No person shall operate any vessel or manipulate water skis,
an aquaplane, or a similar device while under the influence of an
alcoholic beverage, any drug, or the combined influence of an
alcoholic beverage and any drug.
(c) No person shall operate any recreational vessel or manipulate
any water skis, aquaplane, or similar device if the person has an
alcohol concentration of 0.08 percent or more in his or her blood.
(d) No person shall operate any vessel other than a recreational
vessel if the person has an alcohol concentration of 0.04 percent or
more in his or her blood.
I would recommend speaking with an experienced BUI/DUI attorney in your area. There are three attorneys listed in Fresno County on the California DUI Lawyers Association website. I attached a link for your use. Good luck to you and your husband.
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