Miami BUI Attorney

Florida’s expansive coastline and numerous waterways make boating a popular activity, especially if you are looking to have a good time. For many, this includes having a couple drinks while soaking up the sun. If you are one of these revelers, it is important to understand that Florida holds boaters and automobile drivers to similar standards when operating a vessel or vehicle under the influence. 

If you have been charged with boating under the influence (BUI), the experienced criminal attorneys at Valiente Law can help you navigate the criminal justice system. Representing clients in Miami and across South Florida, Valiente Law has a reputation for standing up for our clients’ rights and making sure they are treated fairly under the law. 

What is Boating Under the Influence (BUI)?

Boating under the influence of alcoholic beverages (BUI) is very similar to driving under the influence (DUI). A person is guilty of BUI if he or she is operating a vessel and the person is (1) impaired by alcohol or other substances; (2) has a blood-alcohol level of .08 percent or higher; or (3) has a breath-alcohol level of .08% or higher. 

A vessel refers to any type of boat or other watercraft used for transportation on water. 

Proving impairment does not require a blood or breath-alcohol level of .08 percent. Under Florida law, impairment occurs when a boater’s normal faculties are affected. This may be based on law enforcement’s observation of behavior and/or performance of a field sobriety test. 

Who is Responsible in the Case of a BUI?

Anyone operating a boat or vessel may be charged with a BUI. To operate a boat or vessel means to be in control of or navigate a boat while it is traveling on water. This means anyone who is impaired while navigating a boat can be charged with a BUI. In some cases, as with sailboats or other vessels requiring two or more people to operate, more than one person on a particular boat can be charged. 

What are the penalties for a Florida BUI?

For an ordinary first BUI conviction, the statutory fine is $500–$1,000 and the maximum jail term is six months. Higher alcohol levels, a minor aboard, prior convictions, injury or death can substantially increase penalties. A conviction can also involve probation, community service, substance-abuse requirements and vessel impoundment under the applicable provisions.

BUI has its own statutory scheme. An ordinary BUI arrest does not automatically impose the motor-vehicle DUI administrative driver-license suspension, ten-day review deadline or ignition-interlock requirement. Other charges or circumstances can create separate consequences.

Refusing a lawful chemical test

Under section 327.35215, a qualifying refusal carries a $500 civil penalty, with thirty days after issuance of the citation to request the statutory hearing. Separate provisions govern criminal refusal exposure, including qualifying prior refusals, and the warnings and prerequisites must be examined. Field sobriety exercises and chemical testing are different procedures.

Operators under 21

Florida’s .02 alcohol provision for vessel operators under 21 is separate from criminal BUI. A .02 result should not automatically be described as a criminal conviction under section 327.35. The applicable proceeding and penalties depend on the statutory basis and evidence.

Evidence and sobriety exercises

Officers may use observations, chemical tests and seated or other sobriety exercises during a BUI investigation. We examine the legal basis for the stop and arrest, the defendant’s role in operating the vessel, testing procedures, medical conditions, environmental conditions and whether evidence or statements were lawfully obtained. No exercise or test should be treated as conclusive by itself.

Protect Yourself with an Experienced BUI Attorney

A conviction for BUI, like one for DUI, can carry consequences beyond jail time. The conviction can impact your career, raise your insurance rates, and goes on your permanent criminal record. If you have been charged with a BUI, speaking with an experienced criminal law attorney may improve the outcome in your case.

At Valiente Law, our attorneys have taken on hundreds of BUI and DUI cases and know the intimate details of the law. Upon meeting with you, our trial-tested attorneys will review your case and explain the potential outcomes. After looking at the facts of your case, we can determine whether to make challenges to the collection of the evidence against you or assert your rights against constitutional violations as fully understanding the facts of your case is the best way to mount a defense to your charges.

If you have questions or concerns about a recent BUI, Valiente Law is here to help. With the experience necessary to navigate the unique circumstances of your case, the attorneys at Valiente Law set out with one goal of achieving the best possible outcome for you. Contact Valiente Law to discuss your defense strategy today.