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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