Restricted license question

[Johnthebakerman]

California. I'm driving under a restricted license for a 1st time DUI. Am I allowed to drive my boat or off-road vehicle? Asked the DMV & was told, "we don't know". Thanks.

 

[Zigner]

California. I'm driving under a restricted license for a 1st time DUI. Am I allowed to drive my boat or off-road vehicle? Asked the DMV & was told, "we don't know". Thanks.

You may wish to ask that question of an experienced local DUI attorney.

From a logical point of view, since you aren't required to have a license to operation those things, you shouldn't have anything to worry about. Unfortunately, the law is seldom logical.

 

[Isis1]

You may wish to ask that question of an experienced local DUI attorney.

From a logical point of view, since you aren't required to have a license to operation those things, you shouldn't have anything to worry about. Unfortunately, the law is seldom logical.

does the DMV control licenses for motor boats? or off road vehicles?

i'm going to check...

 

[FlyingRon]

Your suspension does not apply to operating boats. The VC and the HNC are different parts of the law and do not cross over.
The Off-road vehicle is a different matter. The VC explicitly bans your driving these (on highway or off) when your license is suspended for DUI.

 

[Johnthebakerman]

License is not suspended any longer, it's restricted.

 

[Zigner]

License is not suspended any longer, it's restricted.

Your license is only valid for specific activities. It is still a suspension.

 

[CdwJava]

As long as you do not operate the off road vehicle in any place that requires a driver's license, you should be okay. But, if it goes onto the road, an offstreet parking facility, or anywhere else that a license might be required, you can potentially face misdemeanor charges and arrest.

Oh, and do not drink and operate a boat or an off road vehicle because that can also be charged as DUI.

 

[FlyingRon]

As long as you do not operate the off road vehicle in any place that requires a driver's license, you should be okay. But, if it goes onto the road, an offstreet parking facility, or anywhere else that a license might be required, you can potentially face misdemeanor charges and arrest.

14601.2. is not qualified by the highway. You can't drive an OHV even off highway whiles suspended.

Oh, and do not drink and operate a boat or an off road vehicle because that can also be charged as DUI.

An OHV can. A boat is a "vessel" and operating that under the influence is HNC 655 which is distinct from DUI.

 

[CdwJava]

Operating a boat or a vehicle while impaired is a DUI of one stripe or another. Since I don't to boat enforcement, I can't say what code section would be used, but, it is DUI or another stripe.

As for the 14601.2 and an OHV, yes, you are correct - I leapt before I looked largely because I've never had any cause to stop off-road vehicles. Ultimately, I'm not sure how that can be effectively enforced with off-road vehicles since they are typically operated in places where a stop is very unlikely as virtually none of the CVC applies and we are prohibited for detaining solely to check license status. Except for some horrible collision with a report from law enforcement, the ods of such a driver being found out is exceedingly slim.

 

[FlyingRon]

You can't use anything in the VC to cover boating. No applicability. A boat doesn't meet the definition of a vehicle under the California law. Operating a vessel (boat, jet ski, etc...) is covered as I stated in my first post by the Harbor and Navigation Code. It has an operating a vessel while under the influence statute similar provisions to the vehicle DUI but independent of that. Notably it has no DMV/Driver's license sanctions as a result and a vessel under the influence charge is not a prior for DUI (or vice versa). There is a similar per se limit (.08). One additional difference is that if you're warned by a LEO about your vessel operation, it is illegal to continue to operate it with any amount of alcohol in your body.