Imagine enjoying a perfect day on the water in St. Petersburg—sun shining, breeze in your hair, and a refreshing drink. It’s the ideal way to unwind and have fun with friends or family. However, if you’re operating a boat, it’s vital to understand that boating under the influence can lead to serious legal consequences—and that’s where our team at Fletcher & Fletcher comes in.
Our husband-and-wife criminal defense attorneys, Rick Fletcher and Jenna Fletcher, recognize how stressful and confusing this situation can be. We’re here to help you navigate Florida’s Boating Under the Influence (BUI) laws.
Is Boating Under the Influence (BUI) Illegal in Florida?
Yes, it is. Just like operating a car, steering a boat while impaired by alcohol or drugs is against the law in Florida. This offense, known as “Boating Under the Influence” or BUI, is taken seriously by law enforcement.
Under Florida Statute § 327.35, operating a vessel under the influence of alcohol or drugs is illegal, with significant penalties that can impact your future.
What is BUI?
Boating Under the Influence (BUI) involves operating a vessel while impaired by alcohol or drugs. Florida law strictly enforces BUI regulations to ensure the safety of all individuals on the water. Here’s what you need to understand about BUI:
- Legal Limit: The blood alcohol concentration (BAC) limit for operating a boat is set at 0.08%, the same as for driving a car. This limit is established under Florida Statute § 327.35(1)(a) to maintain safety and prevent accidents caused by impaired operation.
- Impairment: Even if your BAC is below the 0.08% legal limit, you can still be arrested for BUI if an officer believes your ability to operate the boat safely is compromised. This is outlined in Florida Statute § 327.35(1)(b), which considers impairment based on observed behavior and driving ability, not just BAC levels.
BUI Consequences in St. Petersburg
A BUI conviction in St. Petersburg can lead to several serious consequences that can affect various aspects of your life:
- Fines: Convictions for BUI can result in hefty fines, ranging from hundreds to thousands of dollars. Florida Statute § 327.35(3) specifies the fines associated with BUI offenses, which can vary depending on the severity of the offense and whether you have previous convictions.
- Jail Time: Depending on the circumstances of your case, including any prior offenses, you might face time in jail. The length of the sentence can vary from a few days to several months, as outlined in Florida Statute § 327.35(3).
- License Suspension: A BUI conviction can lead to suspending your boating privileges. Florida Statute § 327.35(4) allows for the revocation of your boating license, which can impact your ability to operate a vessel for a certain period.
- Criminal Record: A BUI is a criminal offense that will remain on your record. Florida Statute § 327.35(6) details the criminal record implications of a BUI conviction, which can have long-term effects on your personal and professional life.
How Officers Determine BUI in Florida
Law enforcement officers patrolling the waterways in St. Petersburg use several methods to determine if you are boating under the influence. Their observations and actions may include:
- Erratic Operation: Officers look for signs such as swerving, speeding, or difficulty in docking. Erratic behavior on the water can indicate impairment and prompt a stop for further investigation.
- Physical Signs: Officers will observe physical signs such as slurred speech, bloodshot eyes, or stumbling. These signs can suggest that you may be under the influence of alcohol or drugs.
- Field Sobriety Tests: If officers suspect impairment, they may ask you to perform field sobriety tests. These tests can include walking a straight line, standing on one leg, or touching your finger to your nose. These assessments help officers determine your level of impairment.
BUI Penalties Get Worse With Multiple Offenses
The legal consequences for BUI offenses increase with each subsequent conviction. Understanding these escalating penalties is crucial:
- First Offense: A first-time BUI offense typically results in fines and possible jail time. The court may also impose conditions such as mandatory substance abuse evaluations per Florida Statute § 327.35(3).
- Second Offense: A second BUI conviction leads to higher fines and extended jail time. Additionally, you may face increased probationary periods and additional requirements such as community service.
- Third or Subsequent Offense: Repeated offenses can lead to felony charges, substantial fines, and lengthy prison sentences. Florida Statute § 327.35(5) outlines the severe penalties for multiple offenses, including increased fines and extended incarceration periods.
How a Criminal Defense Lawyer in Florida Can Help
Reaching out to an experienced criminal defense attorney as soon as possible is crucial in a BUI case.
- Protect Your Rights: Ensure you are treated fairly throughout the legal process.
- Investigate the Case: Examine the evidence and circumstances surrounding your arrest.
- Build a Strong Defense: Develop a tailored strategy based on the specifics of your case.
- Negotiate or Fight: Work towards achieving the best possible outcome, whether that involves negotiating a plea deal, reducing charges, or preparing for trial.
Qualities of a Reliable Lawyer for BUI
Having a dependable criminal defense lawyer can make a significant difference when facing a BUI charge. Look for these qualities in a BUI attorney in Florida:
- Experience with BUI Cases: A lawyer familiar with BUI laws and defenses will provide valuable insight and representation.
- Strong Communication Skills: Effective communication helps you understand your case and negotiate on your behalf.
- Commitment to Your Case: A dedicated lawyer will work tirelessly to achieve the best outcome for your situation.
- Empathy and Understanding: Your lawyer should understand the stress and consequences you face, offering support throughout the legal process.
Contact Fletcher & Fletcher St. Pete Criminal Defense Attorneys Today
If you find yourself dealing with a BUI charge in St. Petersburg, it’s crucial to have the right support by your side. With our dedicated support at Fletcher & Fletcher, you don’t have to navigate this challenging situation alone. Let us bring our years of knowledge and commitment to your defense and help you move forward.
Contact us at 727 746-5865 for a confidential consultation.
