Miami, Florida BUI Attorney

Lawyer for Charges of Boating Under the Influence in Miami

Boating is a popular activity in Miami for residents and visitors alike. However, operating a boat while impaired by alcohol or drugs is a serious offense under Florida law. Known as boating under the influence (BUI), this offense carries penalties that are similar in many ways to driving under the influence (DUI). People who are arrested for BUI may face fines, jail time, and other consequences.

Florida law enforcement agencies, including the Florida Fish and Wildlife Conservation Commission (FWC), actively patrol waterways in and around Miami to identify and stop impaired boaters. The consequences of BUI cases can be just as significant as charges of DUI. Anyone arrested for BUI should treat their case with the same urgency as a drunk driving arrest and seek legal counsel immediately.

Stroleny Law: Criminal Defense Attorney can provide guidance and representation to people who are facing boating under the influence charges. With our lawyer's understanding of the unique aspects of maritime law and Florida's approach to impaired boating enforcement, he can take steps to challenge the evidence, protect a person's rights, and work to reduce or dismiss the charges.

Understanding Boating Under the Influence Charges

Under Florida Statutes Section 327.35, a person may be charged with BUI if they have a blood alcohol concentration (BAC) of 0.08 percent or more while operating a vessel. BUI charges may also apply if a person was allegedly under the influence of alcohol, drugs, or other substances to an extent that affected their ability to operate a vessel safely. Applicable vessels may include motorboats, sailboats, personal watercraft such as jet skis, and any other type of watercraft.

BUI charges may arise in a variety of situations, including:

• Operating a boat while consuming alcohol on the water
• Causing a boating accident or near-collision while under the influence
• Engaging in reckless behavior that draws the attention of law enforcement
• Being stopped during a random safety inspection and showing signs of impairment
• Operating a boat while under the influence of prescription drugs or illegal substances

Penalties for Boating Under the Influence

The penalties for a BUI conviction can be severe, especially if a person has prior convictions for BUI or DUI, if they are accused of causing an injury to another person, or if they refuse to comply with testing of their blood alcohol concentration. A first-time BUI offense is typically charged as a misdemeanor, but subsequent offenses or aggravating factors can lead to enhanced charges and felony-level consequences.

A first-time BUI conviction may result in fines ranging from $500 to $1,000, and a person could be sentenced to up to six months in jail. If a person has prior BUI or DUI convictions, or if the offense involved property damage or injury, the penalties increase significantly. A second offense can lead to fines up to 2,000 dollars and a sentence of up to nine months in jail, while a third offense will typically be treated as a felony.

If the incident allegedly resulted in serious bodily injury, the charge may be elevated to a third-degree felony, punishable by up to five years in prison. In cases where a death occurs as a result of impaired boating, the person may be charged with BUI manslaughter, which is a second-degree felony or, in cases involving a hit-and-run, a first-degree felony.

In addition to criminal penalties, BUI convictions may result in the suspension of a person's boating privileges and their driver's license. Although BUI is a separate offense from DUI, administrative penalties can affect their driving privileges and result in difficulties in many areas of their life.

Unique Challenges in BUI Cases

There are some factors that may differentiate BUI charges from typical DUI cases. These challenges may create opportunities for a strong defense. Some key issues include:

• Field Sobriety Testing: Standardized field sobriety tests that are used in DUI traffic stops can be difficult to perform even on solid ground. On a moving boat or immediately after stepping onto a dock, a person may be unsteady due to environmental factors, and tests may not accurately gauge their level of impairment.
• Environmental Conditions: Sun exposure, dehydration, motion sickness, and fatigue are common while boating, and these issues can mimic signs of intoxication. Various factors may lead officers to mistakenly believe that a person is impaired.
• Lack of Probable Cause: BUI stops may occur during routine safety checks rather than because officers observed erratic behavior or other signs of potential impairment. If law enforcement had no clear basis for stopping a boat or conducting sobriety tests, charges of BUI may be challenged.
• Breath and Blood Testing Issues: Breathalyzer machines are not always readily available in BUI cases. If law enforcement delays testing until after transporting a person to shore or a testing facility, test results may not reflect the person's condition at the time they were operating a boat.
• Testing for Drugs: If officers suspect drug use, a blood or urine test may be required. These tests can show the presence of substances long after their impairing effects have worn off, making the results potentially misleading.

Our skilled BUI defense attorney can investigate the circumstances of an arrest, identify any errors made during the testing process, and raise defenses such as excluding unreliable evidence from the case. Our goal is to protect our client's freedom, their record, and their ability to enjoy Miami's waterways without the burden of a criminal conviction.

Contact Our Miami, FL BUI Defense Lawyer

After being arrested for boating under the influence, it is important to secure legal representation from a lawyer who understands the unique nature of BUI cases. The consequences of a conviction can be long-lasting, but with the right defense, it may be possible to reduce or eliminate the penalties you may face. Contact our Miami BUI defense attorney by calling 305-615-1285 and scheduling a free consultation.