This article is intended to help you understand the boating under the influence (BUI) laws in Florida.
Known for its beautiful coastline and abundant waterways, Florida is a popular destination for boating enthusiasts. However, it’s important to understand the laws and regulations surrounding boating under the influence (BUI) to ensure both your safety and the safety of others on the water.
In Florida, it is illegal to operate a vessel while under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) while boating is the same as it is for driving a motor vehicle – 0.08%. This means that if you are found to have a BAC of 0.08% or higher while operating a boat, you can, and likely will, be arrested for BUI.
Boating under the influence laws in Florida also applies to the use of drugs. If you are found to be impaired by any substance, whether it is alcohol, illegal drugs, or even prescription medication, you can be charged with BUI. It is important to note that Florida has a zero-tolerance policy for underage boaters. If you are under the age of 21 and have a BAC of 0.02% or higher, you will be arrested for BUI.
Common scenarios leading to assault and battery charges
Being arrested for boating under the influence in Florida can have serious consequences. If convicted, you will face costs and fines, probation, community service, mandatory substance abuse counseling, and even jail time. The severity of the penalties depends on several factors, including your BAC at the time of arrest, whether you have any prior DUI or BUI convictions, and if there were any aggravating factors, such as causing an accident or having a person under the age of 18 in the vessel at the time of the offense.
Blood alcohol content (BAC) limits for boating in Florida
As mentioned earlier, the legal limit for blood alcohol concentration (BAC) while boating in Florida is 0.08%. It is important to understand that alcohol affects individuals differently, and even a small amount can impair your judgment and reaction time, increasing the risk of accidents on the water.
To ensure your safety and the safety of others, it is best to avoid consuming alcohol while operating a boat. If you plan on drinking, designate a sober operator or use alternative transportation options, such as a water taxi or ride-sharing service. Remember, even if you are below the legal limit, alcohol can still impair your ability to operate a boat safely and you can still be arrested based on your normal faculties being impaired.
Penalties for boating under the influence in Florida
The penalties for boating under the influence in Florida can be severe. For a first-time offense, you can face fines ranging from $500 to $1,000, up to six months of probation, a mandatory substance abuse course, and up to six (6) months in jail. If your BAC was 0.15% or higher or if you had a passenger under the age of 18 on board, the fines could increase to between $1,000 and $2,000, and you may face up to nine months in jail. There is also a requirement that the boat or vessel be immobilized for ten (10) days as a condition of probation for any conviction for BUI.
For subsequent BUI convictions, the penalties become even more severe. A second offense within five years of the first can result in fines ranging from $1,000 to $2,000, mandatory substance abuse evaluation and recommended treatment, and up to 9 months in jail. A third conviction within 10 years of the first is considered a felony and can result in fines of up to $5,000, up to five years of probation, and up to five years in prison.
Legal defenses for boating under the influence charges in Florida
If you find yourself arrested for boating under the influence in Florida, it is important to consult with a skilled criminal defense attorney who specializes in DUI/BUI cases. They can explore various legal defenses that may be available to you. Some common defenses include challenging the validity of the stop of the vessel and/or the arrest, questioning the accuracy of the BAC test results, or arguing that you were not actually operating the vessel at the time of the arrest.
It is crucial to remember that every case is unique, and the success of a defense strategy will depend on the specific circumstances surrounding your arrest. That is why it is essential to hire an experienced attorney who can evaluate your case and develop a defense strategy tailored to your situation.
How a BUI conviction can affect your driving privileges
In Florida, a BUI conviction will never directly result in the suspension of your driving privileges. It will also not appear on your driving record. But it is important to note that a BUI conviction can impact your driving privileges if you are arrested for DUI in the future because a BUI conviction will count as a prior for enhancement purposes.
That means a BUI would count the same as a prior DUI conviction. Additionally, a prior DUI conviction will impact your sentence on a BUI as it is treated as a prior for enhancement.
The legal process after being arrested for BUI in Florida
After being arrested for boating under the influence in Florida, you will go through a legal process that is similar to that of a DUI case. You will be required to appear in court, where the charges against you will be read, and you will have the opportunity to enter a plea. It is important to have legal representation present during this process to ensure your rights are protected.
If you choose to contest the charges, your case may go to trial, where the prosecution will present evidence against you, and your attorney will present your defense. If you are found guilty, the judge will impose the appropriate penalties based on the severity of the offense and any aggravating factors.
Hiring an experienced criminal defense attorney for your BUI case
If you find yourself arrested for boating under the influence in Florida, it is important to remain calm and cooperate with law enforcement. Anything you say or do can be used against you in court, so it is best to exercise your right to remain silent until you have legal representation present.
Once you have been released from custody, it is crucial to seek legal advice as soon as possible. An experienced BUI attorney can guide you through the legal process, explain your rights, and help you build a strong defense. They will have the knowledge and experience to navigate the legal waters and fight for your rights in court.
When choosing a lawyer, look for someone who has a track record of success in BUI cases, understands the intricacies of Florida’s boating laws, and is well-versed in the local court system. A skilled attorney will be able to evaluate the strength of the prosecution’s case, negotiate with the prosecutor on your behalf, and provide you with the best possible defense.
A skilled attorney will thoroughly review the evidence against you, interview witnesses, and consult with experts if necessary. They will work diligently to challenge the prosecution’s case and find any weaknesses or inconsistencies that can be used in your defense. With their expertise, they can guide you through the legal process, protect your rights, and strive for the best possible outcome for your case.
Conclusion: Staying safe and legal on Florida’s waters
Boating is a popular pastime in Florida, and it is essential to enjoy it safely and responsibly. Understanding the laws and regulations surrounding boating under the influence (BUI) is crucial to ensure your safety and the safety of others on the water.
By familiarizing yourself with the legal limits for blood alcohol content (BAC), avoiding alcohol or drug consumption while operating a boat, and hiring a skilled attorney if you are arrested for BUI, you can navigate the legal waters with confidence.
Remember, boating under the influence in Florida can have serious consequences, both legally and personally. By staying safe and legal on Florida’s waters, you can continue to enjoy the beauty and serenity of boating while protecting yourself and others from harm.
At Finkelstein Firm, P.A., we understand that facing a criminal charge can be frightening and overwhelming. Due to the significant potential consequences associated with a BUI, it is imperative that you speak with an experienced defense attorney right away. Ms. Finkelstein has over 18 years of experience defending citizens charged with a wide variety of criminal offenses. She has the knowledge and skill to fight for the best result in your case. Ms. Finkelstein is accessible and dependable when you need her the most.
Contact us for a free analysis of your case. Our firm handles cases in Pinellas County and the surrounding areas to include Hillsborough, Manatee, Sarasota, Pasco, and Polk Counties. Call us today at 727-202-4418 to learn your legal options if you have been accused of Boating Under the Influence, or any other criminal offense.
Your Defense Starts Here!