Boating Under the Influence (BUI) Offense Florida

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Recreational boating is a way of life in Fort Lauderdale and South Florida. Alcohol and boats go hand in hand. It's easy to find yourself having a few too many on a boat. All that fun can come to a quick stop when the FWC, a police patrol, or the Coast Guard pulls up for a check. Florida enforces Boating Under the Influence (BUI) much like Driving under Influence (DUI), with many of the same enhancements and penalties. Offshore, the Coast guard is charged with enforcing the Federal law version, should they choose. If you find yourself answering for a BUI charge, call our BUI lawyers at The Law Office of Sean Clayton, P.A. for a free consultation.

Much like DUI, BUI’s severity hinges on various factors.  BUI can take several forms, including basic BUI, BUI with Enhanced .15% BAC, BUI with Minor Passenger, BUI with Property Damage, BUI Causing Injury, BUI Causing Serious Bodily Injury, and BUI Causing Death.  Navigating these waters requires vigilance, responsible choices, and awareness of the legal currents. Hiring the right BUI lawyer can help you steer the right course.

At sea, on a rolling deck, with limited input, law enforcement officers are forced to make rough judgement calls enforcing BUI laws.  Under the best of conditions, well-trained officers can easily make mistakes. The BUI lawyers at The Law Office of Sean Clayton, P.A. can help investigate your case and look for viable defenses. Under many circumstances cases can be reduced or dropped due to lack of evidence of impairment or operation of the vessel.

We strongly encourage anyone accused of a BUI to consult with an attorney early in the process. For assistance in selecting the right attorney, consider reading our Tips for Choosing a DUI Attorney.

To secure a conviction for Boating Under the Influence (BUI) under Florida Statute 32.35(1), the State must establish two crucial elements beyond a reasonable doubt:

1. Operation of a Boat or Vessel:
   
   • Firstly, they must demonstrate that the defendant operated a vessel.

1. Defendant’s Impairment:
   
   • The second element pertains to the defendant’s impairment caused by the consumption of alcoholic beverages, a chemical substance, or a controlled substance.
   • This impairment can be proven in two ways:
     • Impaired Normal Faculties: By showing that the defendant’s normal faculties were affected.
     • Blood or Breath-Alcohol Level: By establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.
     • If you are under 21 years old: By establishing that their blood or breath-alcohol level exceeded the legal limit of .02 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To assess impairment of normal faculties, law enforcement often conducts field sobriety exercises, but they are modified in the case of BUI. These tests are designed to identify any minor slips, slurs, or missteps that may indicate impairment. Although officers claim that these exercises are not graded on a pass/fail basis, they are trained to closely observe any perceived mistakes made by the defendant. The good news is that the modified tests are not standardized like in DUI and subject to attack.

The term “normal faculties” encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives.

Additionally, it is important to note that any actions or statements made by the defendant while in custody, such as falling asleep, can be used as evidence against them during the trial.

When it comes to defending against a BUI charge, it requires a deep understanding of technical aspects and the ability to navigate the complexities of BUI litigation. Many of the defenses align with DUI cases, with a few minor difference. This particular field of law is incredibly diverse, involving various challenges associated with technology, procedural complexities, and legal principles. Each of these challenges is closely tied to the information revealed during the discovery process.

If you want to identify the most suitable defenses for your unique case, we recommend arranging a consultation with our skilled BUI lawyers in Fort Lauderdale. Our expertise extends to clients in Broward, Miami-Dade, and Palm Beach County, ensuring comprehensive legal assistance.  

In the state of Florida, the consequences for a BUI conviction are similar to DUI charges, without the driver's license consequences.

The following are potential penalties for a first BUI conviction:

1. Jail Time or Incarceration: For a BUI blood alcohol level (BAL) .08 or higher the maximum penalty is up to six (6) months in the county jail. If your BAL is .15 or higher or if there was a minor in the vehicle, the jail time can be up to nine (9) months. 
2. Terms of Probation: You may be placed on probation for up to twelve (12) months. However, the total period of probation and incarceration cannot exceed 12 months.
3. Community Service: You are required to complete at least 50 hours of community service. 
4. Fine: The fine for a BUI in Florida ranges from $500 to $1,000. If your BAL is .15 or higher or if there was a minor in the vehicle, the fine is not less than $1,000, and can go up to $2,000.
5. Vessel Impoundment or Immobilization: The Court must impose ten (10) days of vehicle immobilization. This cannot be served concurrently with the jail term.
6. Substance Abuse Course/DUI School/Evaluation: You must complete a substance abuse course, which is sometimes substituted with DUI class. The DUI class includes a substance abuse evaluation. Additionally, any recommended follow-up treatment must be completed. The court may waive the course, but only after an evaluation.
7. Substance Abuse Evaluation and Recommended Treatment: As stated above, after completing DUI school one can be expected to undergo an evaluation and then complete any recommended treatment. 
8. Victim Impact Panel (VIP): This is not mandatory, but just about every jurisdiction now tacks this course on. It is founded by the Mother's Against Drunk Driving (MADD) and they have convinced many jurisdictions to impose this extra condition.
9. No Alcohol or Intoxicant(s) with Random Alcohol or Drug Screening: While on probation one can expect to be subject to random screening at their expense.

If you have been arrested for a first BUI offense in Palm Beach, Miami, or Broward County, FL, it is crucial to consult with a South Florida BUI lawyer at The Law Office of Sean Clayton, PA. They can provide guidance based on the specific details of your case and help you navigate the legal process to minimize the typical penalties.

Florida’s implied consent statute applies to breath tests, urine tests, or blood tests in BUI cases, just as it does in DUI cases. Refer to Florida Statute Sections 327.35, 352.253, and 327.354.

Upon a BUI arrest, the defendant must be informed that failure to submit to a lawful test will result in a $500 civil penalty. To contest this penalty for refusing the breath, blood, or urine test, the defendant must request a hearing before a county court judge within 30 days. Initiating a hearing on the $500 civil fine extends the time for payment.

Operating a watercraft without paying the civil penalty constitutes a first-degree misdemeanor. Navigating these legal waters requires vigilance and adherence to the rules.