From the Gulf of Mexico’s tranquil bays to the Atlantic’s expanse, the Sunshine State’s waterways beckon boating enthusiasts and sun-seekers alike. Although it’s fun to let loose and party while you’re out on the lake or ocean, choosing to operate a boat after drinking could land you in serious hot water.
If you or someone you care about was accused of boating under the influence (BUI) in Florida, do not wait to seek legal counsel. With over 30 years of experience with these types of cases, Criminal Defense Attorney Brian Gabriel has the experience, knowledge, skill, and diligence to fight for your rights. When you work with Mr. Gabriel, you can count on him to handle your BUI case using all the knowledge and skill developed over the span of his triple-decade career.
What Constitutes Boating Under the Influence (BUI)?
Florida offers a vast playground for boaters, and it’s easy to let our enjoyment get the best of us, but it’s crucial to remember that just like driving a car, operating a boat while under the influence of alcohol or drugs is illegal in Florida.
BUI is a serious offense defined as operating a vessel (including boats and personal watercraft) with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, being under the influence of any controlled substance that impairs your normal faculties can also result in a BUI charge.
Penalties for Boating Under the Influence (BUI) in Florida
The penalties for a BUI conviction in Florida can be severe, including fines, probation, and even imprisonment. Here’s what you need to know:
- Fines: A first-time BUI offense may result in a fine of up to $1,000. If your BAC is significantly higher or you have previous BUI convictions, the fines can increase substantially.
- Probation: You may be placed on probation as part of your sentence, which often involves mandatory alcohol or substance abuse treatment.
- Imprisonment: A first-time offender can face up to six months in jail, while multiple convictions can lead to much longer periods of incarceration.
- Boating education course: In some cases, you may be required to complete a boating education course, which can be both time-consuming and costly.
- Boating privilege suspension: Your boating privileges may be suspended or revoked, depending on the severity of the offense.
- Criminal record: A BUI conviction will result in a criminal record that can affect your personal and professional life.
A BUI conviction can affect your life in various ways, from financial burdens to restrictions on your boating privileges. If you find yourself facing BUI charges, consult a knowledgeable criminal defense attorney who can help you understand your rights, explore potential defenses, and work to minimize the impact of the charges.
Defenses Against Boating Under the Influence (BUI) Charges in Florida
After a BUI arrest, an experienced criminal defense attorney can help you explore potential defenses to challenge the allegations against you. Some common defenses include:
- Faulty testing: Challenging the accuracy and reliability of BAC or drug test results.
- Lack of probable cause: If law enforcement did not have a valid reason to stop or board your vessel, the charges may be dismissed.
- Rising BAC: Arguing that your BAC was rising at the time of testing, meaning it might have been below the legal limit when you were actually operating the vessel.
- Medical conditions: Demonstrating that a medical condition, not alcohol or drugs, caused your impaired faculties.
With the right legal representation, you can navigate your Florida BUI case with confidence and increase your chances of a favorable resolution.
Were You Accused of Operating a Boat in Florida While Under the Influence (BUI)?
If you are facing a BUI charge in Florida, don’t navigate these treacherous waters alone. Contact an experienced BUI defense attorney who can protect your rights and explore potential defenses.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.