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Fighting a Boat DUI/“BUI”
Florida’s sunshine, warm weather, and easy access to water make boating an incredibly popular activity in Miami. It’s natural and common to want to have an adult beverage while you’re enjoying the open water, but Florida has strict penalties for boat DUIs (BUIs). Here’s what you need to know about boat DUI and how to fight Miami BUI charges.
When can I be charged with boating under the influence?
Florida’s BUI statute, section 327.35, applies to operating a vessel while normal faculties are impaired by alcohol, specified substances or controlled substances, or while blood- or breath-alcohol level is .08 or higher. Impairment can support a charge below .08, but an odor of alcohol or an open container alone does not automatically establish BUI.
The definitions of vessel and operation matter. Motorboats and personal watercraft are covered, and qualifying nonmotorized craft can also be covered. The prosecution must establish the defendant’s operation of the vessel; simply being a passenger is not enough.
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.
How can I defend against boat DUI (BUI) charges?
If you are charged with boat DUI (BUI), you need to contact an experienced Miami DUI and BUI attorney immediately. Our attorneys at Valiente Law have experience defending Miami clients against criminal boating DUI (BUI) charges. We will analyze the facts of your particular situation, and look for evidence suggesting that your blood alcohol or breathalyzer test were not properly administered or that the results were tainted. We will also look for evidence suggesting that any allegedly incriminating evidence was illegally seized, or that allegedly incriminating statements you made were illegally obtained by Miami law enforcement.
Charged with a boat DUI (BUI)? A Miami DUI Defense Attorney Can Help
The penalties for a boat DUI can be significant, expensive, and long-lasting. If you have been charged with Miami boat DUI, you owe it to yourself and your future to contact an experienced Miami criminal defense attorney immediately. At Valiente Law, we believe everyone is innocent until proven guilty, and will aggressively defend you to the fullest extent of the law. Contact our office today.
Posted in: DUI