Details of Senate Bill 154
john
J. benoit
Senator,
Thirty Seventh District
State
Capitol, Room
4066
TEL:
916.651.4037
FAX:
916.327.2187
Boating
under the influence (SB
154)
PURPOSE
Provides
the Department of Motor Vehicles with the authority to suspend the
driver’s
license of an individual convicted of boating under the influence (BUI).
SUMMARY
SB
154
would grant the explicit statutory authority to the DMV to allow them
to
suspend the drivers licenses of individuals convicted of boating under
the
influence.
Furthermore,
this bill will require that individuals convicted of boating under the
influence be required to attend and complete an alcohol education
course.
BACKGROUND
According
to the California Department of Boating and Waterways, 25% of all
deaths on California
waterways are
attributed to boat operators who were under the influence of alcohol.
Since
the mid 1990s the DMV operated under the assumption that they had the
statutory
authority needed to suspend the drivers licenses of individuals who had
been
boating under the influence. Basically,
the DMV treated BUI cases similar to driving under the influence cases
which in
the California Vehicle code call for the suspension of a person’s
driving
privileges.
In
2008, the California Court of Appeals ordered an end to this process.
The court’s
argument for halting this process was based solely on the fact that DMV
lacked explicit
statutory authority.
The same
reckless mindset is at work when intoxicated individuals take either
the wheel
of the car or control of a watercraft. SB
154 reflects the seriousness of BUI offenses,
protecting the safety
of travelers on California’s
streets, highways, and waterways.
FOR
MORE INFORMATION
Staff:
Scott
Seekatz
(916)
651-4037 [Phone]
(916)
327-2187 [Fax]
Scott.Seekatz@sen.ca.gov
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