Florida's numerous lakes, rivers, and coastal waters make it a boater's paradise. Unfortunately, a day of fun in the sun can quickly turn into a legal nightmare if you are arrested for boating under the influence (BUI).
In Florida, operating a boat with a blood alcohol content (BAC) of 0.08% or higher is illegal and can result in harsh criminal penalties.
If you or a loved one have been charged with BUI in Florida, it's essential to understand the seriousness of the situation and take immediate action to protect your rights. At the Law Offices of Robert David Malove, we have been successfully defending clients facing drunk driving and related charges for over 30 years. We can guide you through each step of the legal process.
Florida's Boating Under the Influence (BUI) Laws
Florida Statute 327.35 prohibits operating a vessel while under the influence of alcoholic beverages, chemical substances, or controlled substances. A person is under the influence if they have a BAC of 0.08% or higher or if their normal faculties are impaired.
"Normal faculties" refers to the ability to see, hear, walk, talk, judge distances, drive, make judgments, and act in an emergency. If alcohol or drugs have impaired any of these abilities, a person can be charged with BUI even if their BAC is below the legal limit.
Boaters must submit to breath, blood, or urine testing if requested by a law enforcement officer who has probable cause to believe they are impaired. Refusing to submit to a chemical test could result in a $500 fine and be used as evidence against you in court.
It's important to note that you can still be arrested for BUI even if your boat is anchored or docked. Like drunk driving, the key element is being in "actual physical control" of the vessel while impaired. So, if you've had too much to drink, it's best to stay off your boat entirely until you are sober.
BUI Penalties in Florida
The criminal penalties for boating under the influence depend on the facts of the case and the offender's prior record. However, all BUI Florida convictions result in a criminal record that can affect employment, housing, and other opportunities for years to come. Some of the specific penalties you may face include but are not limited to:
First BUI Offense
- Up to six months in jail
- $500 to $1,000 fine
- Up to one year of probation
- Minimum of 50 hours of community service
- Impoundment of vessel for 10 days
- Substance abuse course
Second BUI Offense Within 5 Years
- Jail time of not less than ten days and up to nine months
- $1,000 to $2,000 fine
- Impoundment of vessel for 30 days
- Substance abuse course
Third BUI Offense Within 10 Years
- Jail time of not less than 30 days and up to 12 months in jail
- $2,000 to $5,000 fine
- 90 days impoundment of vessel
- Substance abuse course
A third boating under the influence offense within ten years is a felony of the third degree.
Fourth BUI
A fourth BUI is also a third-degree felony, regardless of when it occurs. It is punishable by up to five years in prison and a fine of not less than $2,000.
BUI Under 21 Years Old
Florida law also prohibits anyone under 21 from operating a vessel with a BAC of 0.02% or higher. A violation of this law is a non-criminal infraction. However, you could face legal consequences, including community service and being unable to operate a vessel until your community service is completed.
BUI Causing Property Damage
A BUI that causes property damage is a misdemeanor of the first degree. The potential penalties include:
- Up to one year in jail
- A fine of up to $1,000
BUI Causing Serious Personal Injury
If your BUI caused or contributed to someone else’s serious bodily injury, then you may be charged with a felony of the third degree, which is punishable by:
- Up to five years in prison
- A fine of up to $5,000
BUI Causing Death
Most boating under the influence cases that cause death are felonies of the second degree. If you are charged with second-degree felony, you could face:
- Up to 15 years in prison
- A fine of up to $10,000
In some cases, you may be charged with a felony of the first degree. The state may bring first-degree felony charges in a BUI case if you knew or should have known the accident occurred and you failed to provide information or aid. The potential consequences of a first-degree felony charge include up to 30 years in prison and a fine of up to $10,000.
The penalties for the different types of BUI described above may be higher if your BAC was 0.15% or higher.
In addition to criminal sanctions, many BUI offenders face civil penalties through the Florida Fish and Wildlife Conservation Commission (FWC and civil lawsuits.
Defending Against Florida BUI Charges
Being charged with boating under the influence doesn't mean you will necessarily be convicted. Some common defenses we raise in these cases include:
- Lack of probable cause. The Fourth Amendment protects against unreasonable search and seizure. If the officer did not have probable cause to stop your boat or arrest you, any evidence obtained may be thrown out.
- Mishandling of chemical tests. Police must strictly follow state guidelines in administering, storing, and transporting breath, blood, and urine samples. Failure to do so can render test results inadmissible.
- Medical conditions. Physical ailments like acid reflux, diabetes, and neurological disorders can cause falsely high BAC readings. Officers often mistake symptoms of illness for intoxication.
- Necessity defense. In some situations, an impaired person may need to operate a boat in an emergency to prevent more significant harm, such as rescuing a drowning swimmer.
- Inaccuracy of field sobriety tests. Common field sobriety tests like walking a straight line are difficult for many sober people to perform, let alone on a moving vessel.
- Failure to advise of implied consent. Florida has an "implied consent" law requiring boaters to submit to testing if suspected of BUI. However, the officer must advise you of this law and the consequences of refusal. If they fail to do so, the refusal may be excluded from evidence.
Your defense strategy should be tailored to the unique circumstances of your case. When you hire our firm, we will thoroughly investigate any weaknesses in the prosecution's evidence. Our goal is to resolve your case as favorably as possible, whether that means fighting for dismissal or negotiating a reduction in charges.
Why Hire Us for Your Florida BUI Case?
Choosing the right lawyer is one of the most important decisions you will make if you face BUI charges. You need a legal team with the skills, experience, and commitment to protect your rights aggressively. At the Law Offices of Robert David Malove, we have:
- DUI defense experience. BUI cases have much in common with drunk driving cases. Attorney Robert Malove is a founding member of the National College for DUI Defense. He is Florida Bar Board certified as an expert/specialist in criminal trial law.
- A commitment to communicating with our clients. Some law firms treat clients like case numbers. We understand your stress and uncertainty, and we are always available to our clients.
If you face boating under the influence charges in Florida, don't wait to seek experienced legal guidance. The sooner you contact us, the sooner we can start protecting your rights and building your defense.
At the Law Offices of Robert David Malove, we understand how much is at stake when you are facing BUI charges. A conviction could land you behind bars, drain your bank account, and limit your future opportunities. We believe everyone deserves high-quality legal representation, regardless of the accusations against them.