While D.U.I. is usually a vehicle related charge, there are many instances in which people are convicted of driving boats while similarly impaired.
Unfortunately , there are many instances in which drivers are wrongfully accused of operating a boat while impaired.
What Is Boating Under The Influence (BUI) In Florida?
Just like driving a vehicle, individuals can be convicted of driving a boat or another watercraft while impaired. To be convicted of this offense, a boat operator must have either of the following:
- A blood-alcohol concentration level of 0.08% or higher; and
- Impaired mental and physical abilities due to alcohol or another controlled substance.
Penalties For Boating Under The Influence in Florida?
Individuals who are convicted of boating under the influence in Florida face an array of BUI penalties for their crime, including:
- First Time Offenders: Between $250 and $500 in fines and up to six months in jail;
- Second BUI Offense: Between $500 and $1,000 in fines and up to 12 months in jail;
- Third BUI Offense (within a 10 year period): Up to $5,000 in fines and up to five years in prison.
Even if a person is not actually operating a boat, they can still be criminally charged with care and control of a vessel. These charges can be brought up against a person who is asleep while impaired on a boat.
More Severe Penalties For BUI Offenses
There are some cases in which individuals can face more severe penalties for operating a boat while impaired. Some of these charges and their penalties include:
Having a BAC Higher than .15% or a passenger on the boat who is under the age of 18-years: Individuals who are found guilty of either of these offenses can be charged with a second-degree misdemeanor and face up to nine months in jail and between $1,000 and $2,000 in fines.
Accidents where property damage or minor injuries occur: Individuals who are under the influence of alcohol while operating a boat can face first-degree misdemeanor charges that result in up to one year in jail and up to $1,000 in files.
Involved in an accident that results in serious injury to another person: Impaired boat operators who are involved in this type of situation can be charged with a third-degree felony that imposes a prison sentence of up to five years and up to $5,000 in fines.
Involved in an accident that results in death: Impaired drivers who cause the death of another person can be charged with either a first or second-degree felony. These individuals can face up to 30-years in prison for a first degree felony conviction or up to 15-years in prison for a second-degree felony conviction. In either case, they can also be charged up to $10,000 in fines.
Individuals who present any of the above situations as a repeat offender face far steeper consequences for their actions. Those charged with their second BUI who have a blood alcohol content level higher than .15% or a passenger under the age of 18-years can be sent to jail for a period of up to 12-months and required to pay between $2,000 and $4,000 in fines.
Those convicted of a third BUI within a 10-year period can face a jail sentence up to 12-months and fines between $2,000 and $4,000.
Additionally, those charged for a third BUI within a ten year period will have their boat immobilized or impounded for up to 90 days and will have a minimum fine of $4,000.
Working with a skilled criminal defense attorney in Florida will ensure your best chances of having your charges reduced or dismissed so that you can move on with your life.
Applicability Of BUI Laws
There are many instances in which individuals are charged for boating under the influence when they aren’t even using a boat. It is important to understand that the term BUI is applicable to the operation of any type of motorized watercraft. Using non-motorized boats, such as canoes, sailboats, dinghies, kayaks, and inflatable rafts, and even jet skis, while impaired can be cause for an arrest and charge of BUI.
Defenses to Boating under the influence
When it comes to any type of arrest for driving under the influence, it is important to know that beating a charge requires a thorough understanding of the common approaches a prosecution may take. It is crucial to take approaches toward discrediting the evidence and having the case thrown out. Individuals who are charged with boating under the influence are able to use various legal arguments in their defense. Being able to successfully argue against a boating under the influence charge will help you reduce your chances of facing the harsh consequences from a conviction. In addition to pretrial and trial defenses, common defenses in boating under the influence cases include:
Illegal Stops: Law enforcement officers are only able to stop vehicles for one of two reasons – if the officer has reasonable suspicion that the operator of the boat is committing an infraction or if the officer has probable cause that the driver committed a crime. Successfully proving that an officer did not have a legal right to search the boat can help a defendant by having all of the evidence obtained dismissed or suppressed.
Improper Field Sobriety Tests: In Florida, law enforcement officers are required to issue Field Sobriety Tests under very specific guidelines circumstances. Some legal challenges to these tests include whether the office is familiar with the operator’s coordination and balance skills, whether the operator has a physical disability or any injuries that would make the results unreliable, or whether the officer was qualified to perform the tests administered. In some cases, these tests may not even be admissible.
Insufficient Probable Cause: An arresting officer can only issue a BUI test if they have probable cause to believe that the operator of the boat is under the influence of alcohol or a controlled substance. If the defendant can prove probable cause was based on unreasonable conclusions or insufficient evidence, then all of the evidence obtained in the search can be suppressed.
Inadmissible Breath Results: Breathalyzer machines are extremely flawed devices that often show inconsistent and inadequate results. Officers who administer these tests are required to do so under very specific standards and care for them in very specific ways. The failure to adequately maintain the machine or the failure to administer the test appropriately can result in the results being thrown out.
As you can see, one of the most effective techniques in having boating under the influence charges reduced or dismissed is by being able to prove that the field sobriety tests issued were done improperly. Working with a reputable DUI attorney in Florida will help you get your Boating under the influence conviction reduced or dismissed. It is crucial for you to contact an attorney who is knowledgeable and experienced in handling these types of cases as soon as possible.