If you live in Fort Myers, you know that it’s one of the best places to take your boat out on pristine Florida waters. When you’re fishing, swimming, or just enjoying the peacefulness of the waves, most enjoy a beverage or two while they do it. However, having a few too many can have severe consequences for those caught above the legal alcohol limit.
BUI is a serious offense. Police and coast guard officials are constantly on the lookout for violators in an attempt to prevent personal injury or property damage from occurring as a result. If you’ve been arrested and charged with BUI in Florida, you need to enlist the aid of a quality law firm to start preparing your defense.
Contact The Law Place today for any BUI-related concerns. We provide an excellent attorney-client relationship that will have you feeling like your part of our family in no time. Our firm offers a free consultation in Fort Myers, FL., to address any of your legal questions and how we might go about defending your case.
Pick up the phone and call us today at (941) 444-4444.
What is Boating Under the Influence in Florida?
Boating under the influence, BUI, for short, is a criminal charge leveled against people found to be impaired by the effects of drugs or alcohol while operating a boat or sea vessel. This is a serious charge that can result in thousands of dollars in fines and years of jail time.
Contrary to popular belief, drinking and boating is not a crime in itself. You must have consumed enough alcohol to be at the point of impairment for you to be arrested and charged with BUI. In Florida, the legal alcohol limit for operating a boat is a BAC (blood alcohol content) level of .08. This means that you have .08 grams of alcohol per 100 milliliters of blood in your body.
While BAC is the most accurate measure of intoxication, BAL (breath alcohol level) is the most common measure in most BUI cases. Police will use a portable breathalyzer to determine this. Most field sobriety tests are not possible on a civilian boat as it’s difficult to accurately measure coordination. However, law enforcement officials may bring you onto their police boat to perform field sobriety tests, or if you are close to shore, then they may take you to shore to perform them.
Florida Statute 327.352 is known as Florida’s implied consent law. All boat operators consent to be tested for the undue effects of drugs or alcohol by accepting their Boating Safety Permit. While you do have the right to refuse a breathalyzer test, doing so is a civil infraction with a $500 fine for a first offense. A second offense is a second-degree misdemeanor that can result in up to one year in jail.
For a free legal consultation with a boating under the influence lawyer serving Fort Myers, call 941-444-4444
Is BUI Considered a Felony in Fort Myers, Florida?
Some BUI charges are prosecuted as felonies while others are not. Whether your BUI offense is a felony will depend on several factors.
If this is your first or second BUI charge, it will not usually be charged as a felony. Most first and second BUI’s are misdemeanors in the second-degree. However, if your BUI resulted in bodily injury, serious property damage, or death, you can and will be charged with a felony in the third degree. The penalties for felonies are higher than misdemeanors, so you must know exactly how the prosecution is trying your case.
Third BUI offenses can be either misdemeanors or felonies, depending on what the state of Florida calls the “lookback period.”
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Penalties for BUI in Florida
In Fort Myers, the severity of the penalties for BUI is determined by several factors. In the end, the prosecution will recommend a specific sentence to the judge overseeing your case, who will sentence you at their discretion. The following will affect your sentencing:
- The number of previous BUI convictions you have.
- If there was any personal injury or property damage because of your BUI.
- Your breath alcohol level or blood alcohol content when you were arrested.
- If there was a minor present when the BUI was committed.
If any of the variables above occurred, your sentence is likely to be more severe.
According to Florida Statute 327.35, the penalties available for a Fort Myers BUI are:
First Offense
- Fines – A minimum of $500 and a maximum of $1,000.
- Jail time – A maximum of six months.
- Minor was present, or BAC was above .15 – Fines increased to a minimum of $1,000 and a maximum of $2,000, jail time increased to a maximum of nine months.
- Community service – Up to 50 hours.
- Boat impoundment – Ten days.
Second Offense
- Fines – A minimum of $1,000 and a maximum of $2,000.
- Jail time – A maximum of nine months.
- Minor was present, or BAC was above .15 – Fines increased to a minimum of $2,000 and a maximum of $4,000, jail time increased to a maximum of 12 months.
- Community service – Up to 50 hours.
- Boat impoundment – Ten days.
Third Offense
If the arrest occurred more than 10 years after the previous conviction:
- Fines – A minimum of $2,000 and a maximum of $5,000.
- Jail time – A maximum of 12 months
- Minor was present, or BAC was above .15 – Fine minimum increased to $4,000.
If the arrest occurred within 10 years of the previous conviction:
- Fines – A minimum of $2,000 and a maximum of $5,000.
- Imprisonment – A minimum of 30 days served consecutively, a maximum of five years.
Fourth Offense
- Fines – A minimum of $2,000 and a maximum of $5,000.
- Imprisonment – A maximum of 5 years.
Boating accidents that result in the wrongful death of someone because of BUI are automatically charged as felonies in the first or second degree. The penalties for these sorts of felonies are severe. You can be sentenced to $10,000 in fines and serve up to 15 years in prison for a felony in the second degree and up to 30 years for a felony in the first degree.
It is important to know that previous DUI convictions will count towards the enhancement of the penalties in your BUI case. Also, a previous BUI conviction will count towards the enhancement of punishments for a DUI. However, your driver’s license will not be impacted by a BUI, just as your boating safety permit will not be affected by a DUI.
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Penalties for Under-21 BUI in Florida
Florida employs a zero-tolerance policy regarding underage drinking and boating, identical to the state’s zero-tolerance DUI laws. As opposed to the standard .08 BAC limit for people over-21, there is a strict .02 limit for underage boaters caught drinking.
The State of Florida wishes to deter as much underage drinking and boating as possible using the laws listed by Florida Statute 322.2616. Boating and drinking underage results in an automatic Boat Safety Permit suspension and 50 hours of community service in Fort Myers. These are just the minimum requirements set out by the zero-tolerance policy. A judge may sentence offenders to further punishments, especially if the person is over 18 years of age.
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How Likely is Jail Time for BUI in Florida?
You may be worried about the jail sentences listed above. Although they are a real threat in any BUI case, jail time is unlikely for a first-offense BUI conviction. If you were convicted of a first-time BUI, the judge is not likely to sentence you to jail.
However, the chance of jail time increases for subsequent BUI convictions. While it is similarly unlikely to go to jail for a second BUI, third and fourth convictions carry a very real probability of jail time. If your first or second BUI resulted in serious personal injury or large amounts of property damage, there is also a higher likelihood of jail time. Boating accidents are taken very seriously by the Fort Myers, FL., court system.
If you are afraid that a BUI conviction will send you to jail, contact The Law Place immediately to start preparing the best defense possible. Our firm is dedicated to helping you avoid jail time at all costs.
Does Law Enforcement Have the Right to Randomly Inspect My Vessel in Fort Myers, Florida?
Unlike DUI charges, law enforcement officials do not need probable cause to request an inspection of your vessel. Random or administrative checks of sea vessels are permitted under US Code Title 14. They can board your vessel without a warrant or reasonable suspicion of a crime for a safety check or investigation into illegal activities. This includes boating under the influence.
Any evidence that the police collect while performing administrative checks can be used against you, including acting as evidence for your BUI arrest.
Ways to Dismiss BUI Charges
Boating under the influence charges are harder to get dismissed or reduced than DUI charges. Breathalyzer tests are generally accepted to be accurate by the court, and there are fewer procedures to monitor than with driving under the influence cases. However, this does not mean it’s not possible. The Law Place will explore every path possible to get your charges reduced or dropped altogether. These include but are not limited to:
- Contesting the legality of the boating stop.
- Investigating the arrest procedures and method for extracting a breathalyzer result.
- Trying to prove that you were not the designated operator of the boating vessel.
As per Florida Statute 327.02, a boat operator is the person responsible for the safety and navigation of the craft and people aboard. Only the boat’s operator can be charged with BUI, not the accompanying passengers. Although this is usually the boat’s owner, this can also be anyone who was given the responsibility for captaining the boat at the time of the BUI investigation. If we can prove that you were not the boat’s operator despite the prosecution’s claims, we can get your BUI case dismissed.
A judge may also choose to grant you leniency if this is your first BUI arrest. Charges can be reduced or dropped based on the evidence at hand, and judges are more likely to empathize with people without a criminal record.
Contact The Law Place Fort Myers BUI Lawyers Today!
Have you been charged with BUI in Fort Myers, FL? Are you unsure if you were the designated operator of the boat? Afraid of being sentenced to jail time? Call The Law Place today to find out how our legal time can help.
We have over 75 years of combined experience defending people just like you charged with BUI in Fort Myers. In our free consultation, a qualified personal injury lawyer will go through your options and the merits of your case. All our legal fees will be explained so that there are no surprise costs for our firm’s legal representation.
If you have been arrested for BUI, you will need to enlist the aid of a qualified law firm as soon as possible. The Law Place is here to help you through the complex court process so you can come out on the other side in one piece.
Contact us today at (941) 444-4444.
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