Florida’s warm sunshine and sparkling waters make it a boater’s paradise. However, the fun can quickly turn serious if alcohol or drugs are involved.
According to the Florida Fish and Wildlife Conservation Commission’s Annual Boating Accident Statistical Report, 659 reportable boating accidents happened in 2023, and alcohol or drug use played a role in 23% of boating fatalities.
As your trusted Florida criminal defense attorneys, Rick and Jenna Fletcher, a dedicated husband and wife team at Fletcher & Fletcher, are here to clear up the confusion surrounding DUI (Driving Under the Influence) and BUI (Boating Under the Influence) charges in Florida.
Similarities Between DUI and BUI
At first glance, DUI and BUI might seem distinct—DUI involves vehicles on the road, while BUI for boats on the water.
- Legal Limit: In Florida, both DUI (Fla. Stat. § 316.193) and BUI (Fla. Stat. § 327.35) have the same blood alcohol concentration (BAC) limit of 0.08%. This means that if you’re operating either a vehicle or a boat with a BAC at or above this level, you can face DUI or BUI charges.
- Impairment: Even if your BAC is below the legal limit, you can still be charged with DUI or BUI if an officer believes you are impaired and unable to safely operate your vehicle or vessel (Fla. Stat. § 316.193; Fla. Stat. § 327.35).
- Serious Consequences: DUI and BUI carry significant penalties, including fines, jail time, license suspension, and a criminal record (Fla. Stat. § 316.193; Fla. Stat. § 327.35).
What is BUI?
Boating Under the Influence (BUI) refers to operating a boat while impaired by alcohol or drugs. Under Florida law, specifically Fla. Stat. § 327.35, you can face penalties similar to those for driving under the influence if you’re found operating a boat under the influence.
Key Differences Between DUI and BUI
Despite their similarities, DUI and BUI have some notable differences in Florida:
1. Implied Consent
- DUI: Florida’s “implied consent” law (Fla. Stat. § 316.1932) mandates that if you are lawfully arrested for DUI and refuse to take a breath, blood, or urine test, your driver’s license will be automatically suspended for one year.
- BUI: The implied consent law does not apply to BUI cases (Fla. Stat. § 327.352). Refusing a sobriety test on a boat does not lead to an automatic suspension of your boating privileges.
2. Open Container Laws
- DUI: It is illegal to have an open container of alcohol in the passenger area of a vehicle in Florida (Fla. Stat. § 316.1936).
- BUI: While there are no specific open container laws for boats, the presence of open containers can still be used as evidence if it contributes to determining impairment (Fla. Stat. § 327.35).
3. Field Sobriety Tests
- DUI: Standard field sobriety tests on land include walking in a straight line, standing on one leg, and following a pen with your eyes (Fla. Stat. § 316.1934).
- BUI: Due to the unstable nature of boats, field sobriety tests for BUI may be modified. Tests might include reciting the alphabet or counting backward (Fla. Stat. § 327.35).
Statute of Limitations
In Florida, the statute of limitations for prosecuting DUI and BUI offenses varies:
- DUI: The statute of limitations for a misdemeanor DUI charge is generally two years from the date of the offense. For felony DUI charges, such as those involving serious injury or death, the statute of limitations is five years (Fla. Stat. § 775.15).
- BUI: The statute of limitations for a BUI offense is typically two years from the date of the offense for misdemeanors and five years for felonies (Fla. Stat. § 775.15).
If you face DUI or BUI charges, seeking legal counsel is crucial. An experienced criminal defense attorney in Florida can help protect your rights, challenge the evidence against you, and work towards achieving the best possible outcome for your case.
Qualities of a Reliable Criminal Defense Lawyer for DUI or BUI Cases
When choosing a criminal defense lawyer for DUI or BUI cases, consider the following qualities:
- Experience: A proven track record in handling DUI and BUI cases.
- Knowledge: Familiarity with Florida’s DUI and BUI laws and procedures.
- Communication Skills: Ability to clearly explain your options and advocate for your best interests.
- Compassion: A genuine understanding of the stress and implications of facing such charges.
At Fletcher & Fletcher, we are committed to striving for the best possible outcome in every criminal case. Whether it involves negotiating a plea deal, seeking to reduce charges, or preparing for trial, we work tirelessly to achieve favorable results for our clients.
Contact Fletcher & Fletcher Florida Criminal Defense Attorneys Today
As dedicated criminal defense attorneys, Rick and Jenna Fletcher offer compassionate, personalized support to help you through your DUI or BUI charge. Let our team at Fletcher & Fletcher guide you through this process wherever you are in Pinellas County!
Contact us today at 727 746-5865 for a confidential consultation, and let’s start building your defense!
