Motorcycles, Boats, Planes and Bicycles
New Jersey DWI / DUI cases involving motorcycles, boats, planes and bicycles have many elements in common with drunk driving arrests involving cars and trucks, but there are also critical differences. Therefore, operating a boat, plane, or motorized bicycle while under the influence of drugs are each separate offenses under New Jersey law.
Each of these offenses carries repercussions, but these cases can be fought and won with skilled legal advice. A New Jersey DWI attorney skilled in defending DWI / DUI charges involving motorcycles, vessels, aircraft and bicycles will use a defense strategy designed to protect the individual’s rights and minimize negative consequences.
Each state defines “vehicle” a little differently, but generally a vehicle is described as a device that propels, moves, or draws a person or property upon a highway, except those that move exclusively by human power or along stationary tracks. Under this criterion, motorcycles, automobiles, trucks, mopeds, scooters, and bulldozers are all considered vehicles, but not boats, planes, or bicycles.
Riding a motorcycle while under the influence of alcohol or drugs is similar to drunk driving cases involving cars and trucks, and is charged under the same statutes. New Jersey Motorcyclists accused of DUI / DWI face the same court punishment handed down to other drunk drivers – possible jail time, fines, license suspensions, and probation. The prosecutor will use the same kind of evidence used in other drunk driving trials, including the motorcyclist’s chemical test results, field sobriety tests, and driving patterns before the arrest was made.
Under New Jersey law, a vessel operator can be charged with boating under the influence, or BWI / BUI, if he or she has a BAC of .08 percent or greater. Boating under the influence has serious repercussions, including driver’s license suspensions, fines and possible jail time.
In addition, New Jersey has a zero-tolerance law for alcohol and drug use by operators of personal watercraft such as jet skis and water skis. Anyone found to have consumed any amount of alcohol while using this type of craft will face BWI / BUI charges. In addition, boaters under 21 can be charged with BWI / BUI if they have a blood alcohol content of .02 percent or greater.
Because the repercussions of a BWI / BUI conviction are so severe, individuals facing a charge of boating under the influence of alcohol or drugs should consult with a New Jersey DWI attorney who has experience defending individuals accused of operating a vessel under the influence.
A pilot or crewmember on a commercial or private aircraft who is under the influence of alcohol or drugs – also known as FWI / FUI – can face charges under both federal and state law, and the penalties are severe.
The Federal Aviation Administration has strict regulations on the use of alcohol by crew members of all civil aircraft. Under FAA regulations, no one can act as a crew member if he or she has had a drink within eight hours of flying, has a blood alcohol content (BAC) of .04 percent or greater, or is under the influence of alcohol or drugs. The punishment for violating these provisions can include imprisonment, fines, and revocation of the pilot’s license.
Aircraft crewmembers are subject to implied consent laws similar to the rules that govern drivers on the ground. Implied consent means that anyone arrested for flying under the influence of alcohol or drugs must submit to a chemical test to determine BAC. Pilots who refuse chemical tests risk substantial fines and suspension or revocation of their pilot’s licenses.
A drunk driving conviction also can put a pilot’s flying privileges at risk. DUI / DWI convictions must be reported to the FAA on the pilot’s first-class medical application, and to the Civil Action Security Division in Oklahoma City. This notification must be made within 60 days of being convicted of drinking and driving.
Bicycling under the influence is not an offense in New Jersey.
Motorcycling, boating, and flying under the influence are all serious allegations that carry substantial punishment. However, each of these charges can be effectively challenged in court. A New Jersey attorney with experience defending BWI / BUI, motorcycling under the influence, and FWI / FUI will seek to use an effective strategy to protect the accused individual’s rights and freedom and minimize the consequences of a DWI / DUI charge.
If you would like to discuss your case, please call Levow DWI Law at 877-593-1717.