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Boating Under the Influence

It’s common knowledge that driving under the influence of drugs or alcohol (DUI) s a serious offense. Did you know though that you could be arrested for operating a boat under the influence? Florida has stringent laws for people charged with BUI similar to DUI offenders.

If you or someone you know has been arrested for BUI, then it’s vital you find skilled legal counsel. An experienced attorney can create a sturdy defense utilizing experts, motions and other legal options to reduce or dismiss your charges entirely. Do what’s best for your future by contacting Meltzer & Bell, P.A. today.

BUI Defense Attorneys in West Palm Beach, Florida

A BUI or DUI conviction carries severe consequences that could alter your life. Be prepared for what’s next by contacting Meltzer & Bell, P.A.. Our experienced attorneys will do whatever possible to assist with your case. We understand this is a stressful experience, and we want to help you through it with excellent legal service.

Contact the attorneys at Meltzer & Bell, P.A. by calling (561) 557-8686. We will set up an appointment and answer all your legal questions. Our lawyers represent people throughout the greater Palm Beach county area including Boca Raton, Wellington, West Palm Beach and Palm Beach.

Overview of BUI in Florida

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The Differences Between a DUI and BUI Stop

Usually, a DUI traffic stop occurs because the officer has probable cause that you were under the influence. This means he had enough circumstantial information to have a reasonable belief you were DUI. Some examples of probable cause in a DUI scenario can be a swerving car, excessive speeding or breaking other traffic laws.

Law enforcement handle stops with boats differently. Officers don’t need probable cause to pull over a boat or inspect it. This is due to Florida’s laws concerning random inspections of equipment, fishing compliance and safety registration. So, an officer legally doesn’t need probable cause to conduct a lawful stop if it’s for a boat.

This can create issues with defending BUI cases because you can’t rely on the stop being unlawful as a defense. What makes things more difficult is that people who have spent the day out on the boat can look under the influence due to dehydration, fatigue or other conditions. An officer can spot the driver and create suspicions they are under the influence. They then can pull the driver over without probable cause and arrest them because their appearance makes them look inebriated.

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Penalties for Boating Under the Influence in Florida

The penalties for boating under the influence are similar to DUI. A BUI conviction can also be used as a prior DUI if you are accused of driving under the influence in the future. The following are the penalties for boating under the influence in Florida.

Penalties for first BUI:

  • A fine of up to $1,000;
  • Up to six months in jail
  • Mandatory probation up to one year;
  • Mandatory attendance at BUI/DUI School;
  • Up to 50 hours of mandatory community service; and
  • Boat impoundment for 10 days

Penalties for second BUI:

  • A fine of up to $2,000;
  • Up to 9 months in jail;
  • Mandatory probation up to one year
  • Mandatory attendance at an alcohol education/substance abuse class
  • Boat impoundment for 30 days

Certain factors such as having a child passenger on the boat during the offense or having a blood alcohol concentration of .15 or higher will result in an aggravated DUI. The penalties for aggravated DUI cases are much more severe and include:

  • A fine of up to $4,000;
  • Up to one year in jail;
  • Mandatory probation up to one year;
  • Mandatory attendance at a BUI/DUI School;
  • Up to 50 hours of mandatory community service;
  • Boat impounded for 10 days

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Additional Resources

Boating Regulations in FL – Visit the official website for the Florida Fish and Wildlife Conservation Commission to learn more about boating regulations. Access the site to learn more about what a boat is supposed to be equipped with and why an officer can stop you.

Florida DUI Laws – Visit the official website for Online Sunshine, a collection of Florida’s state laws and legislation. Access the site to learn more about DUI offenses, the elements, penalties, and possible diversion programs for offenders.

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DUI Defense Attorney for Boaters in Palm Beach County, FL

If you or someone you know has been accused of BUI, it’s time you take action. Contacting an experienced attorney with Meltzer & Bell, P.A. is a great first step. We will utilize our resources, knowledge and skills to help you. Call us now at (561) 557-8686 to set up your first consultation.

Our lawyers will do all in our power to have your charges reduced or dismissed. Contact us to preserve your rights and future. We represent people throughout the greater Palm Beach county area including West Palm Beach, Boca Raton, Palm Beach and Wellington.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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