The State of Florida is one of the most popular boating destinations in the United States, with beautiful water destinations including Tampa Bay, Charlotte Harbor, and Palm Beach. The high temperatures and sunny weather also mean that many boat operators enjoy consuming alcohol whilst aboard their vessels. Whilst this is not illegal, drivers who exceed legal limits can face a BUI charge.
Boating under the influence can cause serious consequences, including property damage and injury. If you are found guilty of this crime, you could be facing a misdemeanor or felony conviction with expensive fines and potential jail time. However, this doesn’t always have to be the case.
If you’ve been caught operating a boat whilst intoxicated, whether or not you have caused a serious accident, you should get into contact with The Law Place as soon as possible. Our Port Charlotte BUI defense lawyers work around the clock to support you, help you understand your rights, and support you to achieve a favorable case outcome. We have significant experience in winning BUI cases like yours all over the State of Florida, so you can be confident in your choice of legal representation.
Schedule a free consultation with one of our Port Charlotte BUI defense attorneys today. Someone will be waiting to take your call 24 hours a day, 7 days a week on (941) 444-4444.
Florida Law and Boating Under the Influence
According to Florida Statute 327.35, it is against the law to operate, command, or steer a vessel or any other watercraft, including jet skis, canoes, and kayaks, whilst under the influence of alcohol or drugs.
You will be considered to be boating under the influence if:
- You have a blood alcohol content level of 0.08 or more grams of alcohol per 100 milliliters of blood.
- Or, you have a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
- You have consumed an illegal drug or substance.
- Your normal faculties are impaired by a chemical substance, including alcohol.
Your faculties will be considered impaired if alcohol or a controlled chemical substance has led to diminished function of:
- Eyesight.
- Hearing.
- Reaction times.
- Spatial awareness.
- Cognitive function.
- Ability to make safe and informed decisions.
- Coordination.
In addition, unlike driving under the influence cases, in which police need probable cause that you have committed or intend to commit a crime in order to stop you, boat operators can be stopped at any time.
Penalties for Boating Under the Influence in Port Charlotte, Florida
The penalties for operating a boat or vessel whilst intoxicated depend on many factors, including:
- Whether or not this is your first offense.
- Whether another boat operator or individual using the waterway was injured or killed due to your intoxicated driving.
- Whether property damage was caused as a result of boating whilst intoxicated.
- Whether you chose to flee the scene of the crime after injury or damage had been caused.
- How high your Blood or Breath alcohol content level was.
- Whether a minor was driving a vessel.
- Whether a minor was a passenger on the vessel.
Boating Under the Influence of Alcohol or Drugs
According to Florida Statute 327.35, if you have been stopped by a law enforcement officer with a blood or breath alcohol level of 0.08 or higher and you are convicted, you could face:
- A fine of between $500 and $1,000 and up to 6 months of jail time for a first-time BUI conviction.
- A fine of between $1,000 and $2,000 and up to 9 months of jail time for a second BUI conviction.
- A fine of between $2,000 and $5,000 and a mandatory minimum prison sentence of 12 months for a third offense that occurs more than 10 years after a conviction of this nature. This will also result in a third-degree felony charge.
- A period of probation.
- A requirement to attend a substance misuse course.
- A number of hours of community service.
If tests by law enforcement officers determine that you have a blood or breath alcohol level of 0.15 or higher, you will be judged to have been excessively over the legal limit. If you are caught with this level, or if you are accompanied by a minor, you could face:
- A fine of between $1,000 and $2,000 and up to 9 months imprisonment for a first conviction.
- A fine of between $2,000 and $4,000 and up to 12 months imprisonment for a second conviction.
- A period of probation.
- A requirement to attend a substance misuse course.
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BUI With Injuries or Death
In accordance with Florida Law, if you cause serious injury to another individual as a result of boating under the influence of alcohol or drugs, you could face:
- A third-degree felony criminal charge.
- A period of imprisonment up to 5 years.
- A fine of up to $5,000.
- A probation period.
- A requirement to attend a substance misuse course.
If your actions cause the wrongful death of another person, you could be facing more severe penalties such as:
- A BUI manslaughter charge, which is classed as a second-degree felony.
- A period of imprisonment up to 15 years.
- A fine of up to $10,000.
From the initial call to updates on your case status, we are here to get you answers.
BUI Fleeing the Scene of the Crime
If you cause serious injury or death to another individual and choose to flee the scene of the crime, you could face:
- A BUI first-degree felony charge.
- A period of imprisonment up to 30 years.
- A fine of up to $10,000.
BUI With Property Damage
If you cause property damage as a result of boating under the influence, you could face:
- A first-degree misdemeanor criminal charge.
- A period of imprisonment up to 1 year.
- A fine of up to $1,000.
- A probation period.
- A requirement to attend a substance misuse course.
What to Do if You Are Caught Boating Whilst Intoxicated in Port Charlotte
If you’ve caused an accident or are caught boating under the influence, you should be aware of your rights as well as what is expected of you in the eyes of Florida law. Being aware of steps you need to take helps you to potentially avoid receiving a higher conviction and ensures that you act safely and legally.
Seek Medical Attention
If you have been injured by boating under the influence of drugs or alcohol, you should seek medical attention even if the accident was your fault. You should be seen by paramedics if they arrive at the scene, as well as being checked over by a medical professional if your injuries are serious.
Report Any Accidents to the Authorities
If you’ve gotten into an accident, it’s important to remain at the scene of the crime even if you are intoxicated. Many individuals who cause damage or injury whilst impaired by alcohol or drugs panic and leave the scene of the crime. However, this will only result in a more serious criminal charge and more severe penalties.
If you’ve caused an accident, you should check on any injured individuals if it is safe to do so, as well as calling emergency services if none have yet arrived. You will also need to report the incident to the Division of Law Enforcement of the Fish and Wildlife Conservation Commission as well as the county sheriff or local police if no law enforcement is present.
Comply With Law Enforcement Officers
According to Florida Statute 327.353, if law enforcement officers believe that you are operating a vessel whilst under the influence of alcohol or drugs, they can require you to take a breath or blood test to determine whether this is the case. You will need to comply with this or risk receiving a higher criminal charge and more severe penalties.
You should also comply with law enforcement’s request for information at the scene of the crime. You are required to give your name, address, and any insurance details, especially if you have caused an accident or injury. However, you are not required to give any information at this stage that could lead to your own incrimination according to your Fifth Amendment privilege.
It is also likely that you will be taken into police custody until:
- 8 hours after detainment.
- Your blood alcohol level reaches 0.05 or below.
- You are no longer considered to be impaired by drugs or alcohol.
Contact a Criminal BUI Defense Lawyer
If you are facing a potential BUI conviction, it’s important to get in touch with a Port Charlotte criminal defense attorney as soon as possible. Your memories, as well as any evidence, including eye-witness testimonies, become less reliable the more time that passes. Therefore, your attorney will have the best chance of building a strong defense case the sooner you get into contact with them.
If you have caused any property damage or injuries, it’s also likely you will need to speak to your insurance company after the accident. We advise finding a BUI defense lawyer before you report anything. This is because insurance companies in Florida can be difficult to work with, and you could be facing a personal injury claim from someone you have injured. A lawyer will be able to advise you of what your rights are in this situation and help you to minimize any damages you could be held liable for.
How Can a Port Charlotte Criminal Defense Attorney Defend Me Against a BUI Charge?
Whilst the charges and penalties you are facing may be intimidating; there are ways in which a BUI criminal defense lawyer can help to defend you in court. They may be able to reduce any sentences, fines, and liability by:
Claiming Wrongful Arrest
In the State of Florida, the burden of proof for BUI cases sits with the prosecution. This means that in order to receive a BUI conviction, it will need to be proved beyond reasonable doubt that you were operating or steering the boat whilst intoxicated. However, this can often be difficult for law enforcement officers to determine, especially in the case of an accident. Police officers can sometimes assume that an intoxicated passenger was driving the boat when they were not, leading to a false accusation and wrongful arrest.
If you have been falsely accused and wrongfully arrested of boating under the influence, your criminal defense attorney will be able to look at all available evidence and argue in court that you were, in fact, not operating the vessel whilst over the legal limit of alcohol or another substance. If the prosecution is not able to prove beyond doubt that you were driving or steering the boat, you could be cleared of all charges as it is not illegal to be intoxicated whilst being a passenger on a vessel.
Questioning Methods Used by Law Enforcement
Your BUI criminal defense attorney could choose to call into question the methods used by law enforcement officers at the scene of the crime as well as during your detainment.
According to Florida Statute 776.05, an officer is permitted to use a reasonable amount of force in order to protect themselves, protect other individuals, and ensure the detainment of anyone suspected of criminal activity. However, they can often be guilty of using excessive force in the arrest of criminals. This could be the case, for example, if they used batons or firearms without need or if you became injured due to police brutality.
If it can be proved that police officers at the scene were unnecessarily rough or used a disproportionate amount of force when handling you following your BUI arrest, your charges could be downgraded or even dropped.
What to Look for in a Port Charlotte BUI Criminal Defense Lawyer
There are many legal options available to an individual faced with BUI charges. However, it can often be difficult to narrow down your choices and choose the right lawyer for you and your case. In order to make sure you’re working with a qualified, experienced professional and to give your case the best chance of success, you should look for:
- Specific BUI experience – There are plenty of ‘all-purpose’ criminal defense lawyers in the State of Florida. However, you’ll have a better chance of a favorable case outcome through working with an attorney who specializes in BUI crimes and has experience in defending their clients in cases such as these.
- Credentials – It’s important to do your own research when it comes to choosing legal representation. Reputable law firms will be able to give you more information about their credentials and where to go in order to do your own research. Here at The Law Place, many of our lawyers have an AVVO rating of 10.0 – the maximum available.
- Free consultation or case evaluation – You should only ever work with a law firm that allows their new clients to schedule a free consultation like The Law Place. This makes sure you’re confident in your choice of legal representation before you have invested any upfront cost.
Contact The Law Place Today
Boating under the influence of drugs or alcohol is a serious crime. However, if you’ve been caught operating or steering a boat or vessel whilst intoxicated, or if you have caused an accident involving BUI, we’re here to help you.
Here at The Law Place, our legal professionals work with an attention to detail and commitment that sets us apart from our competitors. We always work with a team approach, so you can benefit from the experience of the whole team when it comes to your case.
So, if you’ve been charged with boating under the influence, schedule a free consultation today to speak to a defense attorney near you on (941) 444-4444.