Boating under the influence (BUI) is a serious offense in the state of Florida, garnering significant penalties that can impact an offender's personal, professional, and financial life. Florida's abundant waterways and beautiful weather make it a hotspot for boating enthusiasts, but it also leads to a higher incidence of BUI arrests. Understanding Florida's BUI laws, the statutes that govern them, and the criminal process that follows an arrest can help individuals avoid this costly mistake.
Florida BUI Laws and Statutes
Florida Statute Section 327.35 prohibits anyone from operating a vessel while impaired by alcohol or other drugs. The statute states that a person is legally considered to be under the influence if their blood alcohol level is .08 or higher, or if their normal faculties are impaired due to the influence of alcohol or drugs. The law also includes provisions for those under 21, reducing the acceptable blood alcohol level to .02.
The penalties for BUI offenses in Florida can be severe. A first-time BUI can lead to fines of up to $1,000, imprisonment for up to 6 months, or both. If a person has prior convictions, the penalties increase significantly, potentially leading to up to $5,000 in fines and up to 9 months in prison for a second conviction. Furthermore, a third conviction within ten years is considered a third-degree felony, leading to penalties of up to $5,000 in fines and up to five years in prison.
The Boat Stop and BUI Checks in Florida
Law enforcement officers, particularly those from the Florida Fish and Wildlife Conservation Commission (FWC), routinely patrol Florida's waterways, keeping a watchful eye out for potential BUI offenders. A boat stop can occur for many reasons - a routine safety check, a visible violation of boating laws, or if there are signs of impairment such as erratic boat operation.
During a BUI check, officers will look for signs of impairment, such as bloodshot eyes, slurred speech, the smell of alcohol, or unsteady movement. Officers may also conduct field sobriety exercises to further determine if a boater is impaired. If a person refuses these exercises, it can be used against them in court.
The BUI Arrest and Criminal Case Process in Florida
If an officer suspects a boater is under the influence, they may arrest the individual and take them into custody. Once at the station, a breathalyzer test may be administered. If the individual's blood alcohol content exceeds the legal limit, or if they refuse the test, they will be charged with BUI.
The criminal case process begins with an arraignment where the charges are read, and the defendant enters a plea. This is followed by the discovery process, where both sides collect evidence. Plea negotiations may take place to try and resolve the case without going to trial. If no plea agreement is reached, the case goes to trial where the prosecution must prove beyond a reasonable doubt that the defendant was operating a boat while under the influence.
Why You Need a Florida BUI Defense Attorney
Navigating the legal maze that follows a BUI arrest can be daunting and complex. That’s why having a competent BUI defense attorney is essential. An experienced attorney can help protect your rights, challenge evidence, negotiate pleas, and provide representation during trials. They can provide guidance on the best course of action based on your specific situation and fight to ensure the best possible outcome for your case.
Florida's BUI laws are designed to keep boaters and waterway users safe. While boating is a cherished pastime for many Florida residents and visitors, it's crucial to remember the serious consequences that come with operating a vessel under the influence. It's always best to choose a designated boat operator or to refrain from consuming alcohol while operating a boat. However, if you find yourself facing BUI charges, having a skilled defense attorney on your side can make all the difference.
Florida BUI Defense Lawyers are Ready to Assist You Now
If you are facing BUI charges in Florida, or anywhere else in the state, contact the seasoned BUI Defense Lawyers at Musca Law today. For several decades, we have represented thousands of clients facing BUI charges in Florida, and have been able to secure a dismissal or reduction of charges in many BUI cases. Don’t wait to contact a seasoned Tampa BUI defense lawyer at Musca Law, as your life and liberty depend upon it. To schedule your free and completely confidential case consultation, you can contact us at (888) 484-5057.