Operating a water vessel or boat might seem like an extremely relaxing way to enjoy yourself. There may be a few passengers on board the vessel, and a few drinks passed around. With the wide, open water, you might not feel like a threat to anybody. In fact, if you are under the influence, you might fail to even consider the fact that you are breaking the law by drinking and operating a vessel.
You can compare boating under the influence (BUI) to driving under the influence (DUI) in the sense that they both include operating vehicles whilst high or intoxicated, and both can result in life-changing consequences for anybody accused of committing either crime. With boating on the rise, it is easy to understand why boating accidents are on the increase in St. Petersburg, FL.
If you have been accused of BUI, you could be at risk of losing your license, paying unaffordable fines, or even receiving a prison sentence, depending on the severity of the BUI incident. That is why the next best step for you to take at this time is to contact one of our criminal defense attorneys for high-quality advice and professional legal support for you.
Contact our law team today. Our lines are open 24 hours a day for you to call.
What Is Boating Under the Influence?
If you have a driving license, you may be familiar with the term ‘driving under the influence.’ However, boating under the influence is a little more unknown. Boating under the influence (BUI) is when somebody has been operating a vessel or boat whilst intoxicated due to drugs or alcohol. The term ‘vessel’ covers all watercraft, such as boats, ships, barges, or any other watercraft that can successfully transport people across the water.
Florida Laws on Boating Under the Influence
Under Florida Statute 327.35, the law states that boating under the influence of drugs or alcohol is illegal, and there are set limits on how much alcohol is allowed to be consumed by a person before operating a vessel. The law states that a person will be arrested for BUI if they are caught operating a vessel with the following:
- Blood-alcohol levels (BAC) of 0.08 or more grams per 100 milliliters of blood.
- Breath-alcohol levels of 0.08 or more grams per 210 liters of breath.
Alcohol levels in the blood can cause impaired judgment, blurred vision, and slow reaction time. The laws in Florida against boating under the influence are not held in light regard, as they are put in place to ensure the safety of others. Therefore, if you have been accused of driving under the influence, you will need assistance and legal guidance from a highly skilled criminal defense attorney.
We strongly recommend getting in touch with one of our boating under the influence lawyers today if you want to stand any chance of having your charges reduced or waived altogether.
BUI Statistics
The State of Florida is surrounded by water. In fact, Florida has one of the largest coastlines in the U.S., so it is not a surprise that there are so many residents who own a boat.
In the 2013 Fish and Wildlife Commission Boating Accidents Statistical Report, there were a whopping 1 million unregistered boats reported in Florida and 896,632 registered boats in Florida. With an estimated 2 million boats operating in Florida waters, there is around 1 boat for every 10 people within Florida.
Penalties for Boating Under the Influence of Alcohol or Drugs in Florida
To determine the penalty you may face for BUI, the judge examining your case will need to take several factors into consideration before determining what your charges and the penalties you should receive. The judge will take into account:
- Any past convictions, including of BUI.
- If you, or anybody else involved, have sustained injuries as a result of your boating under the influence.
- If there were any minors aboard the vehicle at the time of the incident.
- The levels of alcohol content in your blood or breath.
First Offense BUI
If you have no previous offenses of driving under the influence or boating under the influence, then you might be charged with a second-degree misdemeanor charge. Although a misdemeanor is one of the lighter punishments offered by the law, you should still try to avoid all charges if possible. The consequences of being charged with a second-degree misdemeanor consist of:
- Fines ranging from $500 to $1,000.
- Up to 6 months jail time.
- If there was a minor aboard the boat at the time of the arrest or blood alcohol levels were more than .15 or above, fines can range from $1,000 up to $2,000.
- If a minor was aboard the vessel when the arrest took place, or blood alcohol levels were .15 or above, the prison sentence is increased by up to 9 months.
- Up to 50 hours of community service.
- Boat impoundment for up to 10 days.
Second Offense BUI
If you have been arrested for boating under the influence for a second time, at least 5 years after your first offense, you could face consequences of:
- Fines ranging from $1,000 to $2,000.
- Up to 9 months of jail time.
- If a minor was present when the arrest occurred or the blood alcohol content levels were .15 or above, fines are increased from $2,000 to $4,000.
- If a minor was aboard the boat at the time of the arrest, or the blood alcohol levels were .15 or more, the prison sentence is increased to up to 12 months.
- Up to 50 hours of community service.
- Boat impoundment for up to 10 days.
However, if you have been arrested for boating under the influence for the second time within a 5 year period, then you will face an automatic jail sentence of up to 10 days. You will have your water vehicle impounded for up to 30 days. In this circumstance, the defendant may face a third-degree felony. A third-degree felony can result in you facing:
- Fines ranging from $2,000 to $5,000.
- 30 days to 5 years in prison.
Third Offense BUI
When a boating under the influence offense takes place more than twice, if the offense takes place more than 10 years later, a defendant could face:
- Fines ranging from $2,000 to $5,000.
- Up to 12 months jail time.
- If there was a minor on board the vessel when the arrestation took place, or the BAC content was .15 or more, then fines are increased to a minimum of up to $4,000.
If you wish to avoid years in prison, unaffordable fines, and a permanent criminal record, then you need to contact our St. Petersburg criminal defense attorneys today.
Potential Defenses of BUI
Avoiding felonies and fines because of a BUI offense can be extremely difficult. However, with the right lawyer, there are a number of defenses that may aid your case if you have been stopped for BUI. Although it may be tricky to wriggle out of a BUI charge, there could be a number of factors relating to your case that your defense lawyer could use in your favor.
The following are some points that may be used for your defense:
- There might have been an incorrect reading from the breathalyzer test.
- The legality of the breath test.
- Proof that you were not behind the wheel of the vessel when you were stopped.
- If proper procedures were followed by a law enforcement officer when the BUI arrest took place.
Contact The Law Place!
If you live in the area of St. Petersburg, FL., and have been accused of BUI, then the best thing you can do at this difficult time is to reach out to The Law Place today. Our law team prides itself on building up an excellent attorney-client relationship with all our BUI defendants. With your best interests at heart, our criminal defense attorneys are always willing to fight for the best possible outcome.
All you have to do is call The Law Place today, and we can schedule you a free consultation once you take the first steps in calling us. With a free case evaluation, we will listen to your case and give you the best advice possible. You can rest assured that all our attorneys are trustworthy and willing to assist your case.
Our phone lines are free for you to call 24 hours a day, seven days a week, so please contact our law firm when you feel ready. However, please remember that the longer you leave your case, the less time our attorneys have to work on building up your defense. Contact us now.
Call or text 941-444-4444 or complete a Free Case Evaluation form