Living in Bradenton, you’ve likely enjoyed the experience of taking a boat out on the open ocean. While there’s nothing wrong with having a drink or two during your outing, there are consequences for those who drink a little too much.
Boating under the influence, BUI for short, is a serious crime, and operating a boat over the legal alcohol limit can incur serious penalties. If charged with a BUI, you are at risk of prison time or fines under Florida law and could even lose your job.
The Law Place can help you navigate a BUI charge with a free consultation from experienced criminal defense attorneys, even if it is not your first offense. Are you confused about your charges? Our lawyers will help answer any of your legal questions and provide a plan to defend your case.
Contact The Law Place at (941) 444-4444 to get started on your criminal defense today.
Florida Boating Under the Influence Definition
BUI refers to boating under the influence of alcohol or illegal substances. Drinking alcohol while boating is not a crime in itself. However, if the driver is severely intoxicated, that’s when the crime occurs.
To qualify for a BUI, the vessel’s designated operator would have a blood alcohol content (or BAC) above the legal alcohol limit. Florida Statute 327.35 states that the legal limit for operating a vessel in Florida is 0.08%, which is the same limit as driving under the influence (DUI).
The legally defined operator of the boat will be the person charged with a BUI. This is determined by Florida Statute 327.02, which defines the boat’s operator as the person in actual physical control of the vessel during the incident. While this may be the owner of the vessel, this does not automatically assign guilt. If another passenger is specified to command the boat, they may be charged.
How Does Blood Alcohol Concentration Affect BUI?
If you are arrested for boating under the influence, your specific blood alcohol concentration (BAC) or breath alcohol level (BAL) can affect your sentencing.
If your BAC is between 0.08% and 0.15%, you will face fines and jail time. However, if your BAC exceeds 0.15%, you are at risk of increased fines of several thousand dollars and up to one year of jail time.
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How Is Blood Alcohol Level Measured on a Boat?
Coast Guard or law enforcement can conduct field sobriety tests for BUI in several ways. The following are some common methods for boating cases:
- Portable breathalyzer – Boat patrol officers, compared to normal street cops, carry portable breath tests more frequently. This method is used to test BAL (breath alcohol level) to determine the boat operator’s level of intoxication.
- Horizontal gaze nystagmus (HGN) – The officer observes the movement of the boat operator’s eyes to gauge involuntary eye movements brought on by intoxication.
- Visible impairment – The officer listens for slurred speech or looks for visual signs that the person is intoxicated.
It is important to know that you may refuse to submit to a breathalyzer test. However, this is a civil infraction with a consequence of a $500 fine (or a second-degree misdemeanor if it is your second offense). This is due to Florida Statute 327.352, which states that boat operators consent to such testing upon accepting their Boating Safety Permit.
If you are in this position, call The Law Place to get immediate advice on how you should proceed with the situation and whether to comply with sobriety tests.
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Penalties for Boating Under the Influence
Many variables can affect your sentence. After consideration of these factors, as well as recommendations from the prosecution, the judge in your case will determine what sentence best fits your case.
Some factors that will be taken into consideration include:
- How many prior BUI convictions the defendant has.
- If any personal injury or property damage occurred during the incident.
- The defendant’s BAL or BAC at the time of the arrest.
- If minors were present at the time of the BUI.
Florida Statute 327.35 outlines the penalties for boating under the influence in Florida as follows:
First Offense
- Fines in the amount of $500 to $1,000.
- Jail time up to six months.
- If a minor was present during the incident or if the driver’s BAC was over 0.15%, fines can rise to between $1,000 and $2,000, while jail time can rise up to nine months.
- Up to 50 hours of community service.
- Impoundment of your vessel for ten days.
Second Offense
- Fines in the amount of $1,000 to $2,000.
- Jail time up to nine months.
- If a minor was present during the incident or if the driver’s BAC was above 0.15%, fines can rise to between $2,000 and $4,000, while jail time can rise up to 12 months.
- Up to 50 hours of community service.
- Impoundment of your vessel for ten days.
Third Offense
If the incident in question took place more than 10 years after a prior conviction:
- Fines in the amount of $2,000 to $5,000.
- Jail time up to 12 months.
- If a minor was present during the incident or if the driver’s BAC was above 0.15%, fines can rise to over $4,000.
If the incident in question took place within 10 years of a prior conviction:
- Fines in the amount of $2,000 to $5,000.
- Jail time of at least 30 consecutive days, up to five years.
Fourth Offense
- Fines in the amount of $2,000 to $5,000.
- Jail time up to five years.
If there is a death involved as a result of boating under the influence, you may be charged with a first- or second-degree felony. Penalties for such felonies will increase substantially. A person convicted for a second-degree felony could face $10,000 in fines and 15 years in prison or up to 30 years in prison for a first-degree felony.
Another important factor is prior DUI convictions. Although your driver’s license will not be affected by a boating incident, prior DUIs will affect your punishment in a BUI case. Similarly, your BUI will affect the outcome of a DUI case should you have one in the future.
If you are facing penalties for boating under the influence, contact The Law Place to schedule a free consultation with one of our defense attorneys today.
From the initial call to updates on your case status, we are here to get you answers.
Is a Florida BUI the Same as a DUI?
Boating under the influence and driving under the influence do have similarities regarding legal BAC limits and consequences, but they are not the same. In the State of Florida, it is illegal to operate any motor vehicle, whether on the road or the water, with a blood alcohol level over 0.08%. You can incur fines and jail time for both, but a BUI will not affect your driver’s license, and a DUI will not affect your boating license.
However, it is important to know that prior convictions for either will affect sentencing should you have a DUI or BUI in the future. For example, if you have had a DUI in the past and are being charged for a BUI, the judge will take this into consideration when deciding your sentence.
What if an Underage Person Gets a Florida BUI?
If a person under the age of 21 is caught operating any motor vehicle, whether it is a car or boat, while under the influence, there are several repercussions that could follow. In this instance, the legal alcohol limit of 0.08% does not apply, as the subject should not be drinking at all. Any alcohol found in the system (defined as a BAC of 0.02% or more) is grounds for prosecution.
Florida Statute 322.2616 describes some possible penalties for a minor in this situation, including:
- Suspension of the driver’s Boat Safety Permit.
- 50 hours of community service.
- Substance abuse course if BAC is over 0.05%.
A judge may increase these minimum punishments if they deem it necessary, especially for those over 18 years old.
Do Cops Have the Right to Randomly Inspect My Vessel?
Unlike when you are driving on the road, law enforcement does not need probable cause to stop your vessel and perform tests. This means you could be stopped, even if there is no suspicion of a crime.
The Coast Guard is a federal entity and is protected under US Code Title 14. This allows both random and administrative inspections of sea vessels without probable cause. They may board your boat to check for safety hazards, equipment, or illegal activities such as BUI.
How Can a Criminal Defense Lawyer Fight BUI Charges?
Although a BUI has fewer legal pathways to reduce or drop your charges than a DUI, The Law Place has experienced lawyers that can explore all of your options to dismiss your case.
Some possible discrepancies our lawyers may look for are:
- Was the boating stop legal?
- Were the proper procedures taken for acquiring the breath alcohol level?
- Can we question who the designated operator of the vehicle was?
There are also circumstances where a judge may grant leniency or even drop your charges. These circumstances may include:
- A judge may empathize with someone with no criminal record or prior BUI/ DUI offenses.
- If evidence was mishandled or obtained illegally, your case might be dismissed.
- Although it is unlikely for your case to move forward without sufficient evidence, in the instance that there isn’t enough evidence for a conviction, the charges may be dismissed.
Contact The Law Place Florida BUI Attorneys Today!
Are you facing BUI charges in Bradenton, FL? Are you unsure of what your consequences might be, or if you are even at fault?
Contact us to find all the answers to your legal questions. During your free consultation, our lawyers will help you understand your charges and explain your options. All legal fees are disclosed in advance, so there are no surprises.
Let us help you navigate your case. We have over 75 years of combined experience and in-depth knowledge of Florida law. Start preparing today so you can confidently face the judge and plead your case with our support.
Contact The Law Place at (941) 444-4444 today to schedule your free consultation.
