In 2023, Florida led the nation in boating accidents, reporting 659 incidents that resulted in 59 fatalities. Statistics reveal that alcohol is a top contributing factor in most boating accidents, and states are passing laws to crack down on drunken boating. BUI laws are designed to address the operation of vessels under the influence of alcohol or drugs, mirroring the penalties for DUI offenses.
If you own a boat, you might assume that Boating Under the Influence (BUI) and Driving Under the Influence (DUI) are virtually the same in terms of laws and consequences. However, while they share similarities, the two offenses have significant differences that could impact your rights, penalties, and even how cases are prosecuted. There are five key differences between BUI charges and DUI charges that every boat owner needs to know to better protect themselves on the water.
Understanding BUI and DUI Offenses
Boating Under the Influence (BUI) and Driving Under the Influence (DUI) are two serious offenses that can have severe consequences. Boating under the influence (BUI) involves operating a vessel while impaired by alcohol or drugs, similar to how a DUI involves driving a vehicle under the influence. Both offenses are governed by strict laws, aiming to ensure public safety on both roads and waterways. However, the environments in which these offenses occur lead to different enforcement practices and penalties.
For instance, while both BUI and DUI offenses have a legal blood alcohol concentration (BAC) limit of 0.08%, the methods used to detect impairment can differ. On the water, law enforcement officers may conduct administrative inspections without probable cause, which is not the case for DUI stops on the road. Additionally, the field sobriety tests for BUI are adapted to the unique conditions of being on a boat, focusing on hand-eye coordination and balance in a seated position.
Understanding these distinctions is crucial for anyone who operates a vehicle or vessel. DUI and BUI offenses carry significant penalties, including fines, community service, and potential jail time. However, the specific consequences can vary based on the nature of the offense and whether it is a first-time or repeat violation.
By being aware of the differences and similarities between BUI and DUI, individuals can better navigate the legal landscape and take steps to avoid these serious charges.
Florida BUI Law
A BUI is treated very seriously by the courts, partially because Florida leads in boating accidents and fatalities. A BUI conviction can result in significant penalties, including fines, imprisonment, and long-term stigma, making skilled legal representation crucial to navigating the complexities of BUI laws and mitigating the consequences. Under Florida Statute Section 327.35(1), Florida observes the 0.08% BAC limit when prosecuting a BUI, which is the same for a DUI.
While the legal limit remains the same, there are several key differences between a BUI and a DUI charge, along with numerous nuances that only a skilled BUI attorney can expertly navigate. A third BUI conviction within ten years of previous convictions is classified as a third-degree felony, which carries significantly harsher penalties, including imprisonment and substantial fines.
Florida Requirements for Probable Cause
Legal authorities can stop a boat based on reasonable suspicion to conduct safety inspections, and they do not need probable cause to board your vessel, although they do usually ask for permission to do so. Typically, police stop and board a vessel to check registration, identification, and to ensure you are abiding by all the safety and pollution regulations. This is called an administrative inspection. If you display signs of driving a boat under the influence, you may be asked to submit to special sobriety tests.
Boater Sobriety Tests
In West Palm Beach and the surrounding areas, you may encounter multiple legal authorities: PBSO, Florida Fish & Wildlife Conservation, and the U.S. Coast Guard. Any of these entities may require you to undergo specialized field sobriety tests to establish probable cause before requesting a breath sample.
These tests are designed to assess the impairment of a person’s normal faculties due to alcohol or drug consumption. Because you are on the water in a rocking boat, officers do not ask you to walk in a straight line but rather focus on hand-eye coordination and the horizontal gaze. These exercises are part of the “seated sobriety test,” which can be performed sitting down.
What are the Penalties for Refusing to Take a Sobriety Test?
If you refuse to take a breath, blood, or urine test after you are arrested for a DUI, you face license suspension for one year. Unlike a DUI, a BUI conviction does not lead to the suspension of the driver’s license. Refusing a second or third time elicits a suspension for 18 months and a first-degree misdemeanor DUI charge. Refusing these tests after a first-time BUI offense can lead to a $500 fine instead of a license suspension because there is no boating license to suspend.
If you refuse a second or third time after being charged for boating under the influence, you will also receive first-degree misdemeanor charges.
Florida Penalties when Charged with BUI
If you have been charged with a first-time DUI offense, the court may order fifty hours of community service as part of your probation. Operating a boat under the influence of a chemical substance or controlled substance can lead to BUI charges. If the court sees fit, it may give you an alternative if it finds your residence or employment situation would create an undue hardship to complete the community service. Even legal prescription medications can impact a person’s abilities and lead to BUI charges. This alternative is a buy-out option for which you pay $10 for each hour of community service you cannot complete.
On the other hand, the court is required to sentence a first-time BUI offender to fifty hours of community service (in addition to other possible penalties), but there is no buy-out option. BUI offenses can lead to severe penalties, especially if they result in serious bodily injury.
Protect Your Rights if Facing BUI Charges in Palm Beach County
If you face BUI charges in West Palm Beach or the surrounding areas, you can expect your case to be firmly prosecuted. Don’t face your day in court unprepared. Secure proper representation with an experienced BUI and DUI attorney in Palm Beach County for a chance at the best possible outcome. With over 30 years of experience defending DUI and BUI, Criminal Defense Attorney Brian Gabriel seeks to have your charges dropped or reduced. He will handle your case using all the knowledge and skills developed over the span of his career.
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.