Out-of-State DUIs, Military Cases, Boating, and Other Special Situations
Every DUI is unique. However, some special situations, such as those involving out-of-state licenses, boats, or commercial drivers, require in-depth knowledge of California law to understand the unique penalties and applicable defense strategies.
Vista DUI attorney Peter Liss explains some of the most common special DUI circumstances seen in San Diego County courts and how they may affect your case.
Out-of-State DUI Charges
California attracts over 250 million tourists per year, and some of those travelers get DUIs. Out-of-state visitors face the same DUI penalties as California drivers, though their home states may impose additional consequences. However, officers in California cannot seize driver’s licenses issued in other states, as they are considered the property of another state. Even so, the suspect’s driving privileges are still suspended in California.
Under the Interstate Driver’s License Compact (IDLC), most states share driving offense information. This agreement allows most states to share DUI conviction information, meaning a California DUI can still affect your driving privileges in your home state, unless you live in:
- Michigan
- Georgia
- Tennessee
- Massachusetts
- Wisconsin
If you live in one of the five states that do not abide by the Interstate Driver’s License Compact, you will not lose your driver’s license in your home state. However, you must still serve out any criminal penalties.
Mr. Liss can help defend you regardless of where you live. In fact, you may not need to return to California to challenge these allegations if you have been charged with a misdemeanor because attorney Peter Liss can appear in court on your behalf. If you are convicted, he may be able to arrange for your sentence to be served in your state.
Learn more about the potential consequences you may face on our dedicated DUI penalties page.
DUI With a Minor in the Car
Driving under the influence with a child under 14 can subject you to additional criminal sentencing under California Vehicle Code 23572 (VC)1. Those convicted for this offense may face mandatory jail time based on whether they have any prior DUI convictions. Even first offenders can face 48 hours in jail. This offense is an enhancement, meaning it can only be applied if you are convicted of DUI.
Many people caught driving with a minor under 18 will also be charged with child endangerment under 273(a) (PC)2. This offense can be filed as a misdemeanor, punishable by up to one year in jail, or a felony, punishable by up to six years in prison. “In San Diego County, this charge is frequently filed as a felony, regardless of whether or not the child is injured in any way,” explains attorney Peter Liss.
You cannot be convicted of both 23572 (VC) and 273(a) (PC).
In many cases, defense attorneys can help clients avoid conviction for these offenses through a plea agreement that allows for the dismissal of some charges.
Learn more about this and other DUI penalty enhancements here.
Military DUI Offenses
When members of the armed services are charged with drunk driving off military property, they are charged in state courts. However, they may face additional non-judicial penalties determined by their superior officer.
On-base DUIs are handled in a federal court and prosecuted by a JAG officer. These cases are based on California DUI laws, but the punishments are based on federal law. As a result, the potential penalties differ significantly from those in California DUI cases.
For more information about driving under the influence charges for service members, visit our dedicated military DUI page.
Bicycles, Scooters, and Skateboards
Human-powered vehicles are not subject to typical California DUI laws (though horses are). However, in situations where someone chooses to ride a bike under the influence, they can be charged with a special type of DUI under California Vehicle Code 21200.5 (VC)3, a misdemeanor only punishable by a fine.
You cannot get a DUI if you use a scooter, skateboard, rollerblades, or rollerskates while intoxicated —even if these devices are motorized. However, you may be charged with other alcohol-related offenses, such as drunk in public tickets or disorderly conduct.
Learn more about the laws regarding DUIs on bikes, skateboards, and scooters here.
Boating Under the Influence (BUI)
While you are allowed to consume alcohol while boating, operating the vessel while intoxicated violates Harbors and Navigation Code 655 (HNC)4. The penalties for BUI are similar to DUI, but unlike a DUI, a BUI conviction does not lead to a driver’s license suspension.
Find out more about these charges on our dedicated boating under the influence page.
DUI on Private Property in California
While police generally cannot enforce traffic infractions on private property, this limitation does not apply to misdemeanors like DUI. You can still be charged with driving under the influence even if you were driving on a private road or driveway.
These cases often present unique Fourth Amendment issues. The probable cause threshold is higher on private property, as the officer must have a good reason to be there in the first place and to stop or detain someone for DUI. Officers are more likely to have a valid reason to be on private property open to public access, like a parking lot, than on a dirt road on private farmland.
Want to know more about probable cause and other DUI strategies that apply in special conditions? See our dedicated driving under the influence defenses page.
Rideshare and Commercial Drivers
Drivers for hire and anyone with a commercial driver’s license are subject to a lower blood alcohol limit than most drivers. Whether a truck driver, a chauffeur, or a rideshare driver for Lyft, these individuals can be charged with a DUI if they have a BAC above 0.04%.
“Few people have as much to lose as these drivers, as receiving even one DUI in their off hours can cost them their job,” says Liss.
Find out more about DUI laws and consequences for Uber, Lyft, and commercial drivers here.
Open Container Laws
Having an open alcohol container is not technically a DUI offense because it does not require proof of impairment. However, it is common for those charges to be filed together.
“Open container violations, filed under 23222 (VC)5, can occur without intoxication but are often used as probable cause for DUI investigations,” explains Liss. The laws and penalties for open container violations differ from those for DUIs.
Learn more about California’s open container law here.
Why Experience Matters in Unusual DUI Cases
Every criminal case is unique, but few lawyers in Vista have the in-depth knowledge of California law and local court operations needed for special situations involving truly unique DUI circumstances. Vista defense lawyer Peter M. Liss has been in this industry for over 40 years and has a proven track record of successes with even the most complex DUI charges in San Diego County.
If your case is even remotely out of the ordinary, you can be certain Mr. Liss has the experience and expertise necessary to help you secure the best possible results.
Call a Vista DUI Attorney Today
Regardless of your case’s specifics, the sooner you call, the sooner your lawyer can start building your case. If you have been accused of any type of California DUI charge, call a defense attorney today.
You can schedule a free consultation with Peter Liss today by calling (760) 643-4050.
Frequently Asked Questions About Unique DUI Circumstances
What Happens if I Get a DUI in Another State?
If you are a California resident, you will be subject to criminal penalties in the state and will have your license suspended by the CA DMV. A DUI attorney in your city can help represent you at a local DMV hearing to fight the suspension, while you will need a defense lawyer in the state where the arrest took place to help you fight the charges. In most cases, the penalties can be served out in your home state.
Will a DUI Follow Me to Another State?
If you move out of state after a DUI charge, your driving record will likely follow you as long as the other state participates in the Interstate Driver’s License Compact. When you apply for a new license in your new state, the DMV will pull up your record and discover you have a DUI conviction. Before issuing you a new driver’s license, the DMV will determine whether you would be eligible for a license under their state’s laws and whether your license is still suspended in your previous state. If you move out of state and are required to have SR-22 insurance, you must maintain this coverage even if your new state of residency does not require it.
Can I Get a DUI on a Private Road?
Yes. But these cases are rare, and the arresting officer must be able to show probable cause for the stop and arrest.
Do Bicycle DUIs Show up on my Driving Record?
No, they will not be added to your DMV record, but bike DUIs do appear on your criminal record unless they are expunged.
Will a DUI Affect my Military Career?
Yes, a DUI conviction can result in docked pay, reduction in rank, lost security clearance, and more. However, most cases will not result in a dishonorable discharge. If you have not yet entered the military and have a DUI on your record, you will need to obtain a waiver before enlisting.
Legal References
- Vehicle Code 23572 (VC) (California Legislative Information) ↩︎
- Penal Code 273 (PC) (California Legislative Information) ↩︎
- Vehicle Code 21200.5 (VC) (California Legislative Information) ↩︎
- Harbors and Navigation Code 21200.5 (HNC) (California Legislative Information) ↩︎
- Vehicle Code 23222 (VC) (California Legislative Information) ↩︎
