The Florida Fish and Wildlife Conservation Commission (FWC) apprehended upwards of a dozen individuals in the Tampa Bay region for boating while impaired over the recent holiday weekend. The FWC anticipates an escalation in these figures following the conclusion of their Tuesday night patrol. "We generally see a twofold or even threefold increase in boating activity compared to typical weekends," observed Jacob Carter, an FWC investigator.

Florida's boating under the influence (BUI) laws, akin to their motor vehicle DUI counterparts, are stringent, aiming to discourage reckless behavior on the state's waterways. The Sunshine State, with its extensive coastline and abundant water bodies, is a hotspot for boating activities, and unfortunately, incidents of BUI. Hence, understanding the state's BUI laws, the potential penalties and the ensuing legal process is essential.

Under Florida law, it is unlawful to operate a vessel while one's "normal faculties" are impaired by alcohol or drugs. A BUI becomes a criminal offense when an individual's blood or breath alcohol level is 0.08 or higher, or if they are under the influence of controlled substances. The state has implied consent laws for BUI, which means that by operating a vessel in Florida waters, you're automatically consenting to chemical testing if an officer suspects you're impaired.

The fines and penalties associated with BUI can be severe, designed to deter people from operating watercraft while impaired. For a first conviction, one may face a fine between $500 and $1,000 and possible imprisonment for up to six months. A second conviction could lead to a fine ranging from $1,000 to $2,000 and imprisonment for up to nine months. A third conviction, if within ten years of a prior conviction, is a third-degree felony and can result in a fine up to $5,000 and imprisonment for up to five years.

Furthermore, if an individual's BUI results in property damage or non-serious injuries, it's considered a first-degree misdemeanor, punishable by up to one year in jail and a fine of $1,000. If serious injuries occur, the offense escalates to a third-degree felony, with up to five years imprisonment and a $5,000 fine. If a person's BUI causes a death (BUI manslaughter), it becomes either a first or second-degree felony, with up to 15 or 30 years imprisonment, respectively.

In addition to fines and jail time, those convicted of BUI may have their vessel impounded, be ordered to complete a mandatory boating safety course, or perform community service. They may also be placed on probation, and repeat offenders may be subjected to mandatory treatment for substance abuse.

Following a BUI arrest, a series of legal proceedings ensue. The defendant first appears in court for an arraignment, where they enter their plea. If a plea of not guilty is entered, the case will then go through the discovery process, pre-trial motions, plea bargaining, and potentially a trial. The legal process can be complex, requiring skilled representation to navigate effectively.

Given these stringent laws and severe consequences, it is vital for boaters to refrain from operating vessels while under the influence of alcohol or drugs. In turn, ensuring the safety of all who enjoy Florida's beautiful waterways. Always remember, "Boat sober or get pulled over."

Tampa BUI Defense Lawyers are Ready to Assist You Now

If you are facing BUI charges in Tampa, Florida, or anywhere else in the state, contact the seasoned Tampa DUI Defense Lawyers at Musca Law today. For several decades, we have represented thousands of clients facing BUI charges in Tampa, 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 (813) 362-5623.