Operating a boat under the influence of drugs or alcohol can result in a Boating Under the Influence (BUI) charge in Florida. These charges are taken very seriously, akin to driving under the influence (DUI) charges. This article will provide an in-depth analysis of BUI laws in Florida, referencing relevant Florida Statutes, potential penalties, defenses, and frequently asked questions on this topic.
In Florida, it is unlawful to operate a vessel while impaired by alcohol or other drugs. A vessel operator is legally considered to be under the influence if they have a blood or breath alcohol level of 0.08 or higher, or if their normal faculties are impaired due to substance consumption. This is outlined in Florida Statute 327.35.
Consent to Breathalyzer Testing
Similar to road users, individuals who accept the privilege of operating a vessel on Florida waters are deemed to have given their consent to chemical tests to determine blood or breath alcohol levels, as stated in Florida Statute 327.352. Refusal to comply with such tests, much like a DUI case, can result in increased penalties.
Penalties for BUI in Florida
The penalties for a BUI conviction in Florida can be severe and largely mirror those of DUI offenses. These can include fines, imprisonment, probation, community service, and mandatory completion of a boater education course. Repeat offenses or BUIs that result in property damage, injury, or death significantly increase these penalties. Detailed penalties for BUI offenses can be found in Florida Statute 327.35.
BUI vs. DUI: Differences and Similarities
While BUI and DUI charges share many similarities, such as the blood or breath alcohol level threshold, implied consent laws, and the seriousness of penalties, there are also some significant differences. For example, unlike with motor vehicles, there are no "open container" laws on boats. This means people can legally drink alcohol on a boat, but the person operating the vessel must not be impaired.
Additionally, while DUI checkpoints are a common occurrence on Florida roads, law enforcement officers can stop vessels on the water to perform safety checks without the need for probable cause or a suspicion of impairment. This means that BUIs can often occur in conjunction with what started as a simple safety inspection.
Penalties for a BUI conviction in Florida
Penalties for Boating Under the Influence (BUI) convictions in Florida are serious and could vary depending on several factors, including the blood or breath alcohol level of the accused, prior convictions, and whether the offense involved property damage, injury, or death. The penalties are outlined under Florida Statute 327.35 and can include:
1. First Conviction: Fines of $500 to $1,000 and potential imprisonment for up to six months.
2. Second Conviction: Fines of $1,000 to $2,000 and potential imprisonment for up to nine months. If the second conviction is within five years of a prior conviction, there is a mandatory imprisonment of at least ten days.
3. Third Conviction: If the third conviction is within ten years of any prior conviction, it is considered a third-degree felony. Fines can range from $2,000 to $5,000, and imprisonment can be up to five years.
4. Fourth or Subsequent Conviction: Regardless of when any prior conviction for a BUI offense was committed, a fourth or subsequent conviction is also considered a third-degree felony, carrying fines up to $5,000 and potential imprisonment for up to five years.
Increased penalties are in effect if the offender had a blood or breath alcohol level of .15 or higher, or if a minor was in the vessel at the time of the offense. Furthermore, BUI offenses that result in property damage, serious bodily injury, or death carry significantly enhanced penalties, including potential designation as a felon, increased fines, and extended periods of imprisonment.
In addition to fines and imprisonment, BUI convictions can lead to other penalties, such as mandatory community service, probation, and required attendance at a boater education course. It is also important to note that while BUI convictions do not directly impact your driver's license, they are criminal offenses that will appear on your criminal record.
Remember that if you are charged with a BUI in Florida, it is essential to seek legal counsel from an experienced attorney who specializes in these types of cases. They can help you navigate the legal process and potentially reduce the charges or penalties you may face.
Florida BUI Frequently Asked Questions
1. What constitutes a vessel under Florida BUI laws?
Florida Statute defines a vessel as including virtually everything capable of being used as a means of transportation on water, from canoes and sailboats to the largest ships.
2. Can I legally drink alcohol on a boat in Florida?
Yes, unlike motor vehicles, there are no "open container" laws for boats in Florida. However, the vessel's operator must not be impaired or have a blood or breath alcohol level of 0.08 or higher.
3. What are the penalties for refusing a BUI test in Florida?
Refusing to submit to a breathalyzer test when operating a boat can result in fines and the risk of imprisonment, as well as increased penalties for repeat refusals.
4. Can I lose my boating license if convicted of a BUI?
Yes, a BUI conviction can result in the suspension or revocation of your boating privileges.
5. Can a BUI affect my driver's license?
Although a BUI is a separate offense from a DUI, it is a criminal offense that can potentially impact your driving record, and thus, your driver's license.
BUI charges in Florida are a serious matter, carrying penalties comparable to those for DUI offenses. Understanding the specifics of BUI laws, the potential penalties, and defenses are crucial if you find yourself facing such charges. As with any legal issue, consulting with an experienced attorney who specializes in DUI and BUI cases can make a significant difference in the outcome of your case.
Are you or a loved one facing a BUI charge in Florida?
Musca Law, P.A., a distinguished BUI and DUI Defense law firm in Florida, is here to navigate the complex waters of your case. With our comprehensive statewide network stretching from Tampa to Key West, Orlando to the Panhandle, our proficient team is well-versed in Florida's unique BUI laws. They're committed to creating a robust defense strategy for you, challenging the BUI charge and helping you retain your boating privileges. Reach out to us at any time - we're available 24/7 for free consultations at 1-888-484-5057. Let's navigate this together; your smooth sailing is our success.