Florida is known for its warm climate, beautiful beaches, and abundant waterways. Whether you are a resident or a visitor, boating is a popular pastime and a great way to enjoy the state's natural beauty. However, boating under the influence (BUI) is a serious criminal offense in Florida, and it can have severe consequences for those who are caught breaking the law. In this report, we will discuss what happens if you get a BUI in Florida and the potential consequences that you may face.
What is BUI?
Boating Under the Influence (BUI) is a criminal offense that is similar to driving under the influence (DUI) of alcohol or drugs. In Florida, it is against the law to operate a boat or any watercraft while under the influence of drugs or alcohol. The state considers a person to be under the influence if they have a blood alcohol concentration (BAC) of 0.08 or higher.
If a law enforcement officer suspects that you are operating a boat while under the influence, they can stop your vessel and ask you to take a breathalyzer test or a field sobriety test. If you refuse to take these tests, you may be subject to penalties under Florida's implied consent law.
What Happens If You Get a BUI in Florida?
If you get a BUI in Florida, the penalties can be severe. The consequences will depend on the specific circumstances of your case, such as your BAC, whether you caused an accident, and whether anyone was injured or killed.
Here are some of the potential consequences that you may face if you get a BUI in Florida:
Criminal Charges - BUI is a criminal offense in Florida, and if you are convicted, you could face criminal charges. Depending on the circumstances of your case, you could be charged with a misdemeanor or a felony. The severity of the charges will depend on factors such as your BAC, any prior BUI or DUI convictions, and whether anyone was injured or killed.
Fines and Penalties - If you are convicted of BUI in Florida, you may be subject to fines and penalties. The amount of the fines and penalties will depend on the specific circumstances of your case. For example, if you have a BAC of 0.08 or higher, you could face a fine of up to $1,000 for your first offense. If you have a BAC of 0.15 or higher, the fine could increase to $2,000.
Jail Time - If you are convicted of BUI in Florida, you may be sentenced to jail time. The amount of jail time will depend on the specific circumstances of your case. For example, if you caused an accident that resulted in serious injury or death, you could face up to 15 years in prison. If this is your first offense, you could face up to six months in jail.
Driver's License Suspension - If you are convicted of BUI in Florida, your driver's license may be suspended. The length of the suspension will depend on the specific circumstances of your case. For example, if this is your first offense, your driver's license could be suspended for up to six months. If you have prior BUI or DUI convictions, your driver's license could be suspended for longer periods.
Ignition Interlock Device - If you are convicted of BUI in Florida, you may be required to install an ignition interlock device (IID) on your boat. An IID is a device that measures your BAC before allowing you to start your boat. If your BAC is above a certain level, the device will prevent your boat from starting. The length of time that you will be required to use an IID will depend on the specific circumstances of your case.
Probation - Probation is a type of sentence that a court can impose as an alternative to imprisonment. It is a period of supervision and monitoring during which the individual must comply with specific conditions set by the court. The conditions of probation vary depending on the specific case, but they may include things like drug testing, community service, meeting regularly with a probation officer, attending counseling or treatment programs, and maintaining employment or attending school. Probation is typically imposed as a way to provide rehabilitation and support for the individual while also ensuring public safety. The goal is to help the individual become a law-abiding citizen and avoid future criminal behavior. If the individual violates the terms of probation, they may face additional penalties, such as fines, extended probation, or even imprisonment.
Community Service - If you are convicted of BUI in Florida, you may be required to complete community service hours. The number of community service hours will depend on the specific circumstances of your case. For example, if you caused an accident that resulted in property damage or minor injuries, you could be required to complete up to 50 hours of community service.
Mandatory Alcohol Education Program - If you are convicted of BUI in Florida, you may be required to attend a mandatory alcohol education program. This program is designed to educate individuals about the dangers of drinking and driving or boating under the influence. The length of the program will depend on the specific circumstances of your case.
Increased Insurance Rates - If you are convicted of BUI in Florida, your insurance rates may increase. This is because insurance companies consider individuals who have been convicted of BUI or DUI to be high-risk drivers.
Professional Consequences - If you hold a professional license, such as a pilot's license or a commercial driver's license, a BUI conviction could have professional consequences. Depending on your profession, a BUI conviction could result in the revocation or suspension of your license.
The best way to avoid getting a BUI in Florida is to avoid drinking alcohol or taking drugs before operating a boat. If you plan on drinking, make sure that you have a designated sober operator who will be responsible for operating the boat. Additionally, make sure that you have all the necessary safety equipment on board, including life jackets and fire extinguishers.
If you are stopped by law enforcement, and they suspect that you are under the influence, it is important to comply with their requests. Refusing to take a breathalyzer or field sobriety test could result in additional penalties.
Boating under the influence (BUI) is a serious offense in Florida, and it can have severe consequences for those who are caught breaking the law. If you get a BUI in Florida, you could face criminal charges, fines and penalties, jail time, driver's license suspension, and other consequences. To avoid getting a BUI in Florida, it is important to avoid drinking alcohol or taking drugs before operating a boat and to comply with law enforcement requests if you are stopped.
How Our Florida Boating Under The Influence Defense Attorneys Can Help You
Individuals who are arrested for boating under the influence have a lot to lose. Not only do they risk incurring a criminal record, but they face possible jail time and thousands of dollars in fines. To make matters even worse, those arrested face losing their boating and driving privileges, and they may have a difficult time finding employment in some careers. If you are arrested and charged with BUI, it is imperative for you to contact a BUI defense attorney in Florida as soon as possible.
The BUI attorneys at Musca Law understand that a BUI charge can have a major impact on your life. For this reason, we are standing by to see how we can help you fight your charges and avoid fines and imprisonment. Boating under the influence charges can be just as serious as drunk driving charges, so it is imperative that those accused get the same exceptional level of legal representation.
With decades of combined legal experience, Florida BUI defense attorneys at Musca Law are dedicated to helping those accused fight their charges and protect their freedom. We understand arrests can happen at any time, which is why we are available 24-hours a day to take your call. If you were arrested for boating under the influence in Florida, contact our law firm as soon as possible at 1-888-484-5057 to schedule a free no obligation consultation to see how we can best serve you to meet your legal needs.