What Happens if I am Suspected of Boating Under the Influence in Florida?
What are the consequences of a boating under the influence (BUI) charge in the Florida Keys? A BUI conviction in Florida carries significant consequences, including fines, imprisonment, probation, community service, and impoundment of your vessel. More serious cases can result in felony charges. A criminal defense attorney in the Florida Keys can help you fight these charges and minimize the consequences to your life.
What is a BUI?
Under Florida law, a boater is guilty of boating under the influence if:
- They are under the influence of alcohol or drugs to the extent that their normal faculties are impaired
- Their blood alcohol content is .08 percent or higher
What Are the Consequences of a BUI Offense?
The consequences of a BUI conviction vary depending on several factors, including the specific circumstances surrounding the offense and whether this is your first offense:
- First BUI Offense – A fine of $500 to $1,000 and up to six months in jail
- Second BUI Offense – A fine of $1,000 to $2,000 and up to nine months in jail
- Third BUI Offense Within 10 Years of a Previous Offense – A third-degree felony conviction, a fine of up to $5,000, and up to five years in prison
- Third BUI Offense More Than 10 Years After a Previous Offense – A third-degree felony conviction, a fine of $2,000 to $5,000, and up to one year in jail
- Fourth or Subsequent BUI Offense – A third-degree felony conviction, a fine of $2,000 to $5,000, and up to five years in prison
When a BUI offense results in property damage, bodily injury, or death, an offender faces more severe consequences:
- Property Damage – A first-degree misdemeanor conviction, a fine of up to $1,000, and up to one year in jail
- Serious Bodily Injury – A third-degree felony conviction, a fine of up to $5,000, and up to five years in prison
- Death – A first or second-degree felony conviction for BUI manslaughter, a fine of up to $10,000, and up to 30 years in prison
Offenders may also face stiffer penalties for having a BAC level above .15 percent or having a minor on board their vessel at the time of the offense.
In addition to fines and incarceration, BUI offenders may face requirements related to probation and community service. They may be required to take a mandatory substance abuse course. In some cases, the offender’s vessel may face impoundment.
How a Criminal Defense Lawyer Can Help
If you’re facing BUI charges in the Florida Keys, an experienced criminal defense lawyer can help. Your attorney can:
- Investigate your case, looking for flaws in the evidence or the way the police handled the evidence
- Challenge the legality of the stop
- Challenge the breathalyzer or blood test, as errors can render these tests inaccurate
- Challenge the accuracy of the police officer’s observations at the scene
- Ask the court to throw out evidence against you or dismiss charges
- Negotiate to get your charges reduced
There’s a significant difference between the consequences for a third-degree felony and a first-degree misdemeanor, so even if your attorney cannot get the charges against you dismissed, they may still be able to help your situation considerably.
Contact a Florida Keys Criminal Defense Attorney Immediately
Boating under the influence is a serious charge, but incorrectly administered blood or breathalyzer tests can result in unjust convictions. Don’t just accept the bad consequences of a BUI charge without question.
Reed Palacios Law Offices can help you fight for your rights and stand up for yourself. If you’re facing boating under the influence charges in Monroe County, contact Reed Palacios Law Offices immediately to discuss your legal options.