Boating Under the Influence
Tampa BUI Attorney
Florida Boating under the Influence ("BUI") cases are treated seriously, in part, because Florida unfortunate leads the nation in the yearly number of boating deaths. One third of all recreational boating fatalities involves the use of alcohol. In more than one half of these cases, the victim either fell overboard or capsized their boats.
If you have been charged with BUI or boating under the influence, you can expect the case to be aggressively prosecuted. The good news is that a BUI arrest does not always lead to a conviction. In many of these cases, the charges can be dropped altogether or reduced to another charge that is far less serious than BUI, and with less drastic consequences to your driver's license and insurance rates.
If you were arrested in the Tampa Bay area for boating while under the influence ("BUI") of an alcoholic beverage or while impaired by prescription medication or illegal drugs contact an experienced Tampa DUI Attorney for a case in Tampa in Hillsborough County, Clearwater or St. Petersburg in Pinellas County, Bartow in Polk County, New Port Richey or Dade City in Pasco County, Brooksville in Hernando County, Bradenton in Manatee County, or Sarasota County, Florida. An arrest for boating under the influence or drunk boating (BUI) in Florida can lead to a criminal record, probation, possible incarceration, fines, court costs, community service, alcohol courses, and your boat being impounded.
BUI - The Problem
Law enforcement officers that investigate a BUI case must often make a judgment call about whether to arrested a boater. Drinking alcohol and then driving a boat is not illegal. The crime of BUI is committed only when the driver has consumed enough alcohol to exceed the legal limit of 0.08 (per se BUI) or when the driver's normal facultie are impaired due to alcohol intoxication. When making these difficult judgment calls, law enforcement officers often make mistakes.
From the BUI officer's perspective, a boat is a vehicle that requires safe operation. The safe operation of a boat is hampered when the boater is under the influence of alcohol or drugs (BUI). The problem of drug or alcohol impairment is compounded for operators of boats because they are typically far less experienced on the water than driving a vehicle.
That lack of boating experienced, combined with distractions that can occur while boating, including other boaters, weather conditions, and sea sickness can intensify the effects of drugs or alcohol while boating. Additionally, a boat operators impairment can be intensified by the marine environment, including wind, sun, engine noise, motion and vibrations.
Elements of a BUI Criminal Charge
Although it is not illegal to consume an alcoholic beverage before operating a boat, it is illegal to operate a boat while under the influence of alcohol or drugs in every state under certain conditions, including under Florida law. Under Florida law, a BUI arrest can occur when either your blood alcohol concentration (BAC) is .08% or higher, or the law enforcement officer suspects that your normal faculties are impaired due to intoxication. For persons under the age of 21 who operate a boat in Florida the legal limit is 0.02%.
The Coast Guard also enforces a federal law that prohibits BUI. Effective January 13, 1988, boating under the influence (BUI) became a specific federal offense. Boating under the influence arrests made off the U.S. shorelines of Florida are under the jurisdiction of federal authorities.
An arrest for Boating Under the Influence (BUI) closer to the shore, or on lakes and rivers are typically made Florida law enforcement officers and are prosecuted in Florida state courts. Individuals charged with Boating Under the Influence (BUI) in Florida, under either state or federal law, face stiff punishments and minimum mandatory sentences which can include jail time, fines, boat impoundment and forfeiture, community service requirements, and the loss of your driver's license. Florida laws and federal laws against BUI pertain to all different types of boats (from canoes, rowboats to yaughts and even the largest ships) — and includes foreign vessels that operate in U.S. waters, as well as U.S. vessels on the high seas.
Enforcement of BUI Laws
Law enforcement officers of the Coast Guard, the Florida Fish and Wildlife Conservation Commission, sheriff's deputies of the various counties in Florida, and any other authorized enforcement officer, have the authority to enforce boating safety laws, cause an inspection of a vessel, and require the removal of a boat deemed to be a hazard to public safety.
A law enforcement officer may stop any vessel for the purpose of checking for compliance with boating safety equipment requirements, whether it is numbered, unnumbered or documented. Law enforcement agencies have the right to conduct a stop of the boat for the purpose of investigating whether the operator of the boat is under the influence of drugs or alcohol.
Legal Cause to Stop the Boat
BUI officers can conduct the stop when they have probable cause to believe a boat is violating a regulation or speeding. BUI officers can also stop a boat for a random inspection related to an equipment check, fishing compliance or safety registration. The officer can ask the operator of the boat to perform a hand-held breath test or complete a series of sobriety exercises, or chemical tests of the boaters blood, breath or urine.
Prior or Subsequent Record
For purposes of enhancement of criminal penalities and administrative driver license suspensions a subsequent Florida DUI case, BUI counts as a prior conviction for driving under the influence (DUI). Likewise, if you have previously been convicted of DUI, your BUI sentence can be enhanced as provided below.
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Law enforcement officers in Florida that investigate BUI cases are forced to make difficult judgment calls when determining whether the operator of the boat is under the influence of drugs or alcohol. Even under the best of conditions, well trained and experienced BUI officers can make mistakes. If you have been arrested for Boating Under the Influence of drugs or alcohol in Florida, contact an experienced Tampa DUI Attorney to discuss your case in the Tampa Bay area including Hillsborough County, Pasco County, Pinellas County, or Polk County, Manatee County or Sarasota County. Protect your drivers license and right to operate a boat in the State of Florida.
Florida Boating Under the Influence (BUI) Provisions and Penalties
Pursuant to Florida Statutes Section 327.35, Boating Under the Influence (BUI) is illegal in the State of Florida. Boating Under the Influence ("BUI") can be proven in one of two ways:
- When the person who operated a boat within the State of Florida is under the influence of alcoholic beverages or a chemical substance when affected to the extent that the person's normal faculties are impaired; or
- When the person has a blood-alcohol level (BAL) of 0.08 or more grams of alcohol per 100 milliliters of blood; or
- When the person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
The sentence can be enhanced if the operator of the boat has previously been convicted of BUI, DUI, DWI (or any other similar alcohol-related or drug-related offense) in the State of Florida, or in any other state. Any conviction for BUI would include probation with a special condition that the defendant complete a substance abuse course which may include evaluation and any recommended follow up treatment, at least 50 hours of community service, and at least ten day impoundment or immobilization of the boat or vessel.
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BUI Fines and Possible Incarceration
First BUI Conviction
- Fine of not less than $250 or more than $500.
- Imprisonment of not more than six (6) months.
Second BUI Conviction
- Fine of not less than $500 or more than $1,000.
- Not more than nine (9) months.
Third BUI Violation outside of 10 Years of a Prior
- Fine of not less than $1,000 or more than $2,500.
- Imprisonment not more than twelve (12) months
Third BUI Violation within 10 Year of a Prior (Felony in the Third Degree)
- Imprisonment of not more than five (5) years.
Fourth or Subsequent BUI (Felony in Third Degree)
- Fine of not less than $1,000.
BUI Causing or Contributing to Property Damage
- Misdemeanor in the First Degree;
- Imprisonment of up to twelve (12) months.
BUI Causing or Contributing to Serious Bodily Injury to Another (Felony in the Third Degree)
Second Degree- BUI Manslaughter- BUI Causing or Contributing to Death
Felony in the Second Degree punishable by up to fifteen (15) years in Florida State Prison.
First Degree- BUI Manslaughter - BUI Causing or Contributing to Death
Same elements as BUI Manslaughter in the Second Degree except that the operator of the boat also at the time of the accident, knew or should have know that the accident occurred (although it is not necessary that the operator know that the accident resulting in injury or death) and failed to give information or render aid.
Special BUI enhancement apply if:
The person is guilty of BUI and had a blood-alcohol level or breath-alcohol level of 0.20 or above, or if the boat operator had a passenger who was under the age of 18.
First BUI Conviction:
- Fine of not less than $500 or more than $1,000;
- Imprisonment up to nine (9) months.
Second BUI Conviction:
- Fine of not less than $1,00 or more than $2,000.
- Imprisonment up to twelve (12) months.
Third BUI Conviction:
- Fine of not less than $2,000 for a third or subsequent conviction.
Second Within 5 Years of a Prior
- Imprisonment of not less than 10 days (with at least 48 hours of the confinement being consecutive).
- 30 day Impoundment or immobilization of the boat or vessel
Third or Subsequent Conviction within 10 years of a Prior
- Imprisonment of not less than 30 days (with at least 48 hours of the confinement being consecutive).
- 90 day Impoundment or immobilization of the boat or vessel
Residential Alcohol Treatment In Lieu of Imprisonment
Florida law provides, the court has the power allow the defendant to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment.
Related Charges for Boating Under the Influence (BUI)
- Boating Under the Influence (BUI), Florida Statute Section 327.35(1);
- Boating Under the Influence Causing Property Damage or Injury, Florida Statute Section 327.35(3)(a)(b)(c)(1);
- Felony Boating Under the Influence, Florida Statute Section 327.35(2)(b)(1); or 327(2)(b)(3);
- Felony Boating Under the Influence, Section 327.35(3)(a)(b)(c)(2)
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BUI Resources
BUI from Florida FWC - Boating Safety and Boating Under the Influence (BUI) information from the Florida Fish and Wildlife Conservation Commission including state specific boating safety information which must be incorporated into boating safety course curriculum taught in Florida such as vessel registration, boating accidents, reckless and careless boat operation, mandatory violator education, airboat regulations, vessel speed restrictions, water ski regulations, personal watercraft regulations, mooring to marker or buoys, boating safety regulation requirements, diver down flags, equipment and lighting requirements, vessel lighting, maximum loading and horsepower, manatee and sea grass awareness.
Boating Safety and BUI - United States Coast Guard including information on alcohol effects while boating, dangers of BUI, BUI penalties and enforcement, and tips for avoiding BUI.
Wear It Florida - Recreational Boating Fatalities Prevention Information - Innovative effort aimed at saving lives on Florida’s waterways.
The National Safe Boating Council, Inc. (NSBC) - Organized in September 1958 under the name National Safe Boating Committee.
National Boating Education Standards - From the National Association of State Boating Law Administrators (NASBLA).
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Florida Drunk Driving Information Center
DUI Refusal Cases
Felony DUI with Serious Bodily Injury
FR-44 Insurance
DUI with Injury or Property Damage
DUI Administrative Hearings
DUI Roadblock or Checkpoint Cases
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