According to the 2023 Recreational Boating Statistics report, Florida reported 30 boating accidents directly tied to Boating Under the Influence (BUI), which resulted in 31 injuries. It’s important to remember that many people facing BUI charges never intend for things to go wrong. Accidents happen, and the legal system is here to ensure that those involved have a fair chance to defend themselves.
At The Law Place, we understand that facing a BUI charge can be overwhelming. The legal consequences of a BUI arrest can have long-term impacts on your life, from potential jail time to hefty fines and a damaged reputation. But it’s crucial to remember that everyone deserves a proper defense. Whether the accident was caused by a brief lapse in judgment or a misunderstanding, our dedicated team of criminal defense attorneys is here to help.
At The Law Place, we have a team of skilled Tampa criminal defense lawyers with a wealth of knowledge on the laws in Florida concerning boating under the influence. We will be able to help you to navigate the complex laws in Florida concerning BUI and fight our very hardest to defend your case. You should not have to suffer life-changing penalties because of one little mistake. Let us help you get your charges dropped or lessened.
Contact The Law Place today for a free consultation with one of our BUI defense lawyers if you have been caught boating under the influence in Tampa. In your free consultation, your Tampa boating under the influence lawyer will examine your case to determine the best legal options available to you and answer any questions that you may have. The sooner you seek help, the better. Don’t hesitate to give us a call today at (941) 444-4444.
The Law Place Attorneys: Defending Boating Under the Influence Charges
If you’re facing charges for boating under the influence (BUI) in Florida, the experienced attorneys at The Law Place are ready to help. David A. Haenel has a deep understanding of DUI and BUI cases, having previously served as the State of Florida DUI Prosecutor of the Year. His background in both prosecution and defense gives him valuable insight into building strong strategies for defending BUI charges.
Working alongside David is AnneMarie Rizzo, whose background in forensic science and toxicology adds a unique advantage in BUI cases. AnneMarie’s knowledge of scientific evidence allows her to effectively challenge the validity of tests such as breath or blood alcohol analysis. Together, David and AnneMarie are dedicated to providing thorough defense for clients facing BUI charges, ensuring that every aspect of the case is carefully reviewed.
What Does Boating Under the Influence Mean Under Florida Law?
The law in Florida clearly prohibits a person from operating a vessel if they are under the influence of either drugs or alcohol, as outlined under Florida Statute 327.35. Under the law, the term “vessel” is defined as all watercraft, barges, and airboats, other than seaplanes, that have the capability of transporting on the water. The statute outlines that a person can be convicted of boating under the influence (BUI) if they are found operating a vessel while having either:
- Blood alcohol or breath alcohol concentration (BAC) of or above .08%.
- Drugs, alcohol, or a combination of the two, affecting them to such an extent that their normal faculties are impaired.
If a person is found operating a vessel while their normal faculties are impaired in Tampa Bay, this could mean that the person lacks the ability to see, walk, hear, talk, make judgments, judge distances, and normally perform the many physical and mental acts of daily life, according to Florida Statute 316.1934. It is important to understand that “normal faculties” is an incredibly broad term and, therefore, can be applied to many more actions. It is ultimately the judgment of the Tampa law enforcement officers to decide whether the normal faculties of a person are impaired.
We strongly advise that you seek the legal representation of a skilled boating under the influence (BUI) defense lawyer if you are facing BUI charges. Law enforcement officers in Tampa often make mistakes in their judgment calls. Deciding whether the faculties of a person are impaired is an incredibly difficult decision. Your BUI defense lawyer will be able to challenge the judgment call of the law enforcement officers in an attempt to get your BUI charges lessened or dropped.
What Constitutes Boating Under the Influence in Florida?
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What Happens if You Get a BUI in Florida?
The severity of the penalties that a person can receive following a boating under the influence (BUI) conviction in Tampa can depend on several factors. The penalties that an offender can face following a BUI conviction are determined by whether the vessel operator:
- Has previously received a boating under the influence (BUI) conviction or any driving under the influence (DUI) convictions.
- Was found to have an excessively high breath alcohol or blood alcohol concentration.
- Contributed to or caused an accident that involved injury, damage, or even death, as a result of their BUI.
- Had passengers under the age of 18 years old in the vessel at the time when they were caught boating under the influence.
First-Offense BUI Penalties
If you face your first BUI conviction, you will likely face the penalties that are received for committing a second-degree misdemeanor. A BUI offender can therefore expect to face a fine worth between $500 to $1,000 and a maximum of six months of jail time.
Florida judges are required to sentence first-time offenders to probation. Although, the total time that a judge sentences an offender to probation and jail cannot exceed one year. Additionally, the mandatory conditions of probation involve offenders completing 50 hours of community service and a ten-day immobilization or impoundment of the vessel operated by the offender.
However, the penalties for a first-time BUI conviction are significantly worse if any of the following are applicable:
- If the offender’s blood alcohol concentration was found to be at least .15% or a passenger under the age of 18 years old was present on the vessel, this would still likely be classified as a second-degree misdemeanor. However, an offender can expect to serve up to nine months of jail time and be faced with a fine worth between $1,000 and $2000.
- If BUI leads to an accident involving property damage or minor injuries to another person, this offense will now likely be classed as a first-degree misdemeanor. An offender can expect to serve one year in jail or a fine worth $1,000.
- If BUI leads to an accident involving a serious injury to another person, this offense will likely now be classed as a third-degree felony. A BUI offender can expect to face five years in jail or a fine worth $5,000.
- If BUI results in the death of another person, this could be classed as either a first or second-degree felony. For a first-degree felony, a BUI offender will likely face up to 30 years in prison. For a second-degree felony, a BUI offender will likely face up to 15 years in prison or a fine worth $10,000.
Second-Offense BUI Penalties
If you are facing a subsequent BUI conviction in Tampa Bay, you will likely be charged with a second-degree misdemeanor. Consequently, you will more than likely face a fine between $1,000 and $2,000 and may have to serve up to nine months of jail time. If your second BUI conviction is within five years of a previous DUI or BUI offense, there is a mandatory jail sentence of 10 days that you will have to serve. Not only this, but a judge will order that your vessel must be immobilized or impounded for a period of 30 days.
If your are facing a subsequent conviction and you are caught with a BAC of .15% or above or had a passenger present on your vessel under the age of 18 years old, you will more than likely face a fine in the region of $2,000 to $4,000 and have to serve up to 12 months in jail.
Third-Offense BUI Penalties
The penalties that a person will receive for their BUI conviction if it is their third offense will depend on whether they received their third BUI conviction within 10 years of one of their prior DUI or BUI convictions.
If it is discovered that it is the offender’s third BUI offense within 10 years of their prior offenses, it will be classed as a third-degree felony. Therefore, an offender can expect to serve five years in prison and face a fine worth $5,000. It is also required that the offender serves a minimum of 30 days in jail.
If the third conviction occurred more than 10 years after a prior DUI or BUI conviction, the offender would likely be charged with a misdemeanor. They can expect to serve up to 12 months in jail and face a fine between $2,000 and $5,000.
It is common for all offenders charged with their third BUI conviction to have their vessel immobilized or impounded for a period of 90 days. Not only this, but if the third-time offender had a passenger under the age of 18 years old present on their vessel or a BAC of .15% or above, the fine they will face for their BUI conviction will be a minimum of $4,000.
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Does a BUI Affect Your Driver’s License in Florida?
If you have been convicted of boating under the influence (BUI) in Tampa, FL., you may be relieved to know that a conviction for BUI does not result in your driver’s license being suspended.
Nevertheless, we would strongly recommend that you seek the guidance of a skilled BUI defense lawyer at The Law Place if you are facing a conviction for boating under the influence. As we have already established, the penalties for boating under the influence in Tampa are incredibly harsh. Therefore you must do all that you can to try and fight your conviction.
By seeking the legal representation of a BUI defense lawyer at The Law Place, you can be put at ease knowing that you will be giving yourself the best chance you have at getting your charges lessened or dropped. We strive for the very best outcomes for our clients and promise to not stop fighting until our clients are satisfied.
From the initial call to updates on your case status, we are here to get you answers.
Can You Drive a Boat With a DUI in Florida?
If you have been charged with driving under the influence (DUI) in Florida, you can still drive a boat. The law in Florida does not prevent DUI offenders from operating vessels.
However, if you have been charged with DUI and are planning on driving a boat, we would like to remind you that you can receive a conviction for boating under the influence (BUI) as easily as it was for you to get your DUI conviction. Never operate a vessel if you are under the influence of drugs or alcohol. The penalties that follow a conviction of boating under the influence are incredibly severe, and they are simply not worth it.
If you have any further questions concerning the offense of BUI in Tampa, don’t hesitate to contact The Law Place today. One of our Tampa BUI defense lawyers will be able to answer any questions that you may have, as well as give you the legal advice you may be looking for.
Defenses That a Lawyer Can Use Against Boating Under the Influence Charges
A Tampa BUI defense lawyer at The Law Place will be able to use the typical pretrial and trial defenses applicable to all criminal cases to fight your case. They will also be able to use specific defenses applicable only to boating under the influence charges. Some of the most common defenses include:
- Improper Field Sobriety Tests – There are strict guidelines in Florida concerning the specific circumstances that law enforcement is required to issue field sobriety tests to suspects. Your Tampa BUI defense lawyer may be able to argue that you had a physical disability or injuries that would have consequently made the results of the tests unreliable. Your lawyer may also try to determine whether the officer who stopped your vessel was qualified to perform the field sobriety tests that were administered.
- Inaccurate Breath Results – Breathalyzer machines in Florida are notorious for producing inaccurate and inconsistent results. If your Tampa BUI defense lawyer can discover that the breath test was not administered correctly or if the machine was not adequately maintained, the breath test results will likely be thrown out. This is useful as one of the main pieces of evidence that the state holds against you may be dismissed, and this can greatly improve your chances of winning your case.
For your article titled “Tampa Boating Under the Influence Lawyer,” an additional section that could add value to the reader is “The Role of a Tampa Boating Under the Influence Lawyer in Your Case.” This section can provide insights into how a lawyer can assist those facing BUI charges in Florida, emphasizing the unique aspects of maritime law and local legal nuances.
The Role of a Tampa Boating Under the Influence Lawyer in Your Case
When facing a Boating Under the Influence (BUI) charge in Florida, the role of an experienced lawyer becomes crucial. A Tampa BUI lawyer brings a deep understanding of both maritime law and Florida’s specific legal framework. This knowledge is essential, as BUI cases involve unique challenges and intricacies not found in standard DUI cases.
A key aspect of a BUI lawyer’s role is navigating the complex intersection of maritime and criminal law. Unlike standard road traffic regulations, boating laws incorporate specific federal and state maritime regulations. A Tampa BUI lawyer can adeptly handle these complexities, ensuring that your defense is robust and tailored to the maritime context.
Moreover, these lawyers are equipped to challenge the evidence presented in BUI cases, which can differ significantly from that in DUI cases. For instance, the methods used to determine impairment on water – like field sobriety tests – may be less reliable due to the marine environment. A skilled lawyer can question the validity of such evidence, highlighting factors like the motion of the boat or water conditions, which can affect the accuracy of these tests.
Another vital role of a Tampa BUI lawyer is to advise clients on the nuances of Florida’s BUI laws. For example, Florida law has specific provisions regarding the operation of boats under the influence, the permissible blood alcohol content levels, and the implications of refusing a sobriety test while on water. Understanding these subtleties is key to formulating an effective defense strategy.
Additionally, a BUI charge can have significant long-term consequences, including impacts on your criminal record, boating license, and even your driving license. An experienced Tampa BUI lawyer can not only work towards minimizing immediate penalties but also help in mitigating long-term repercussions. They can guide clients through potential diversion programs, plea bargain options, or other legal avenues that might result in a more favorable outcome.
The involvement of a Tampa BUI lawyer in your case is not just about legal representation in court. It’s about having a guide who understands the intricacies of maritime law, the specifics of Florida’s legal system, and the best strategies to protect your rights and future. Their guidance can be the difference between a poorly navigated legal challenge and a well-steered defense leading to a more favorable outcome.
Tampa Boating Under the Influence Lawyer, FAQ
What is the penalty for boating under the influence in Florida?
In Florida, the penalties for a BUI (Boating Under the Influence) charge depend on the circumstances of the offense. A first-time BUI can result in criminal penalties such as fines ranging from $500 to $1,000, up to 6 months in jail, and mandatory completion of a substance abuse course. If the BUI involves serious bodily injury, the penalties increase significantly, potentially leading to felony charges and extended jail time. Repeat offenders or cases involving high blood alcohol levels may face harsher punishments.
Can you drive a boat with a DUI in Florida?
In Florida, having a DUI on your record does not automatically prevent you from operating a boat. However, if you are convicted of boating under the influence (BUI), that conviction could impact both your driving and boating privileges. It’s important to consult with a Tampa DUI attorney to understand how these laws may apply to your specific situation and how a previous DUI might affect your ability to operate a vessel.
What is implied consent in Florida boating?
Similar to driving, Florida law enforces implied consent for boat operators. This means that by operating a vessel, you are agreeing to submit to a blood test, breath test, or urine test if a law enforcement officer has reason to believe you’re boating under the influence. Refusing these tests can result in immediate penalties, including fines and the suspension of your boating privileges.
Does BUI affect your driver’s license in Florida?
Yes, a BUI (Boating Under the Influence) conviction in Florida can potentially affect your driver’s license. Although BUI laws are separate from DUI laws, Florida law allows for the suspension of your driver’s license if you’re convicted of BUI, especially in cases involving serious bodily injury or repeat offenses. Consulting with an experienced criminal defense attorney is crucial to fully understand how a BUI arrest might impact your driving privileges.
Can law enforcement conduct safety boat inspections without suspicion of BUI?
Yes, law enforcement agencies, such as the Florida Fish and Wildlife Conservation Commission or the Hillsborough County Sheriff’s Office, have the right to conduct safety boat inspections to ensure all boating safety equipment requirements are met. These inspections are routine and can occur without suspicion of BUI. However, if during the inspection the officer suspects you’re under the influence, they may proceed with a BUI arrest.
What is the legal limit for blood alcohol concentration (BAC) while boating in Florida?
The legal limit for blood alcohol concentration (BAC) while operating a boat in Florida is 0.08%. If your BAC exceeds this limit, you can be charged with boating under the influence (BUI). Additionally, if a blood test or urine test shows that you were under the influence of drugs, you could also face a BUI charge, regardless of your BAC.
What happens after a BUI arrest in Florida?
After a BUI arrest, the case will proceed through both criminal and civil processes. The criminal side can result in fines, jail time, or the requirement to attend a substance abuse course. Additionally, the BUI civil penalty disposition could include the suspension of your boating privileges, completion of boating safety courses, and fines. It’s important to contact an experienced criminal defense attorney to help guide you through these complex legal proceedings.
What is actual physical control in a BUI case?
In Florida, the term actual physical control refers to a situation where a person has the ability to operate the vessel, even if they are not actively driving it at the time. For example, if a person is sitting in the driver’s seat of a boat with the keys in their possession while intoxicated, they may still face a BUI charge under the actual physical control rule.
Can BUI arrests be made by law enforcement other than the local sheriff?
Yes, BUI arrests can be made by various law enforcement agencies, including the Hillsborough County Sheriff’s Office, Florida Fish and Wildlife Conservation Commission, and the U.S. Coast Guard. Each agency has jurisdiction to enforce BUI laws on Florida’s waterways and conduct inspections or tests if they suspect you are operating a boat under the influence.
What are the boating safety equipment requirements in Florida?
Florida requires all vessels to meet specific boating safety equipment requirements, which include life jackets for all passengers, a fire extinguisher, visual distress signals, and sound-producing devices. Failing to comply with these regulations can result in fines, and if a law enforcement officer conducts an inspection and suspects you’re impaired, it could lead to further investigation for a BUI charge.
Local Resources for Boating Under the Influence (BUI) in Tampa
If you’ve been charged with boating under the influence (BUI) in Tampa, navigating the legal process and recovering from the situation can be overwhelming. Fortunately, there are several local resources available to help you address legal, educational, and personal needs following a BUI charge.
- Legal Assistance – If you’re facing BUI charges, it’s essential to work with an experienced defense attorney. The Law Place offers free consultations and can provide comprehensive legal representation to ensure your rights are protected throughout the legal process. Their experienced team will help you understand the charges, navigate potential penalties, and explore options for reducing or dismissing the charges.
- Hillsborough County Sheriff’s Office – For those needing to access arrest records or other documentation related to a BUI, the Hillsborough County Sheriff’s Office provides access to legal records and important public safety resources. If your BUI involved serious bodily injury or other criminal charges, this agency can offer information related to your case.
- Substance Abuse Treatment and Education – Many BUI convictions in Florida require participation in a substance abuse course. DACCO Behavioral Health in Tampa offers substance abuse treatment programs that may fulfill the court’s requirements for mandatory courses. Additionally, Phoenix House Florida provides comprehensive substance abuse counseling and rehabilitation services to those needing long-term support.
- Boating Safety Courses – Completing a boating safety course may be mandated following a BUI charge, or you may choose to attend one voluntarily to help improve your boating knowledge and ensure future safety. Florida Fish and Wildlife Conservation Commission (FWC) offers boating safety courses that meet state requirements and help prevent future incidents. These courses cover essential topics such as proper vessel operation, navigation rules, and safety equipment requirements.
- Victim Assistance and Community Services – For those who may need additional support after an incident involving a BUI, The Crisis Center of Tampa Bay provides confidential support and counseling services. They offer help to individuals and families dealing with the emotional impact of legal issues, accidents, and substance abuse-related incidents.
- Court and Record Resources – The Thirteenth Judicial Circuit Court of Florida, which serves Hillsborough County, can provide important information related to your BUI case, including court dates, filing procedures, and case records. You may also need to visit this resource to fulfill any legal obligations imposed by your sentencing.
By utilizing these local resources, individuals charged with BUI in Tampa can navigate the legal process more smoothly, access necessary treatment, and take steps to avoid future issues on the water. If you’re facing a BUI charge, it’s important to seek legal representation immediately and explore all available options to protect your rights and future.
Contact The Law Place in The Tampa Bay Area Today!
If you or someone you know are facing charges for boating under the influence in Tampa, it is critically important that you seek the help of a skilled defense lawyer immediately. The sooner that a defense lawyer can begin work on your case, the greater the chance you have of getting your charges lessened or dropped.
At The Law Place, we promise to fight as hard as we can to try and achieve the best possible outcome for your case. If you have any questions or think you may have a case, contact us today for a free case evaluation. One of our reputable BUI defense lawyers will be able to examine your case to then give you honest and unbiased legal advice on what your best legal options are. If you have been arrested for BUI, don’t waste another second and contact us now.
We are available 24 hours a day, seven days a week, to listen to your call. Call us now at (941) 444-4444 for a free consultation with a Tampa BUI attorney.
