Trustworthy Florida BUI Lawyer
In Florida, residents and tourists flock to our state’s beaches to engage in water sports or other recreational activities, which often include boating. Spending hours boating and enjoying time with friends and family can often lead to individuals consuming alcohol on the water. While drinking an alcoholic beverage or two is not inherently illegal, it can lead to trouble, specifically if the boat operator is not doing so responsibly.
At Karatinos Law, PLLC, our founding attorney, Keeley Karatinos, is a Florida resident who was born and raised in Sarasota. Attorney Karatinos’ life experience gives her firsthand knowledge of the common problems that impact local Pasco and Hernando County residents and provides her with the passion needed to help accused Floridians combat their charges and limit the potential BUI penalties they face.
What is BUI (Boating Under The Influence) in Florida?
Everyone is familiar with the definition of a DUI due to the prevalence of drunk driving. It is less common, however, to hear about a BUI arrest or conviction. In Florida, a BUI is defined as the act of operating a boat or other motorized watercraft while under the influence of alcohol or another illicit substance. To determine whether an individual is under the influence of drugs or alcohol, police officers will conduct tests to identify if the person’s normal faculties are impaired. Additionally, officers will administer tests to evaluate whether the boater’s breath or blood alcohol concentration exceeds the legal limit of 0.08%.
What Are the Penalties For a BUI Conviction in Florida?
Boating under the influence is a severe criminal offense that can carry substantial legal penalties. Common consequences accused Florida boaters can expect to face include jail time, monetary fines, employment challenges and probation. However, additional penalties may be possible depending on the case’s specific circumstances and whether or not the accused boater has a prior BUI offense on their criminal record.
First-time offenders will be charged with a misdemeanor, be fined up to $1,000 and potentially face a jail sentence of six months or less. Florida boaters accused of a second BUI charge will also face misdemeanor charges but will be forced to pay up to $2,000 and may spend up to nine months in jail. When individuals are alleged to have operated a boat under the influence for a third time in ten years, they will be charged with a third-degree felony, which could lead to a $5,000 fine and a maximum jail sentence of five years.
Additionally, regardless of if there are any prior offenses on the boater’s criminal record, they will be placed on probation for a full year. During this period, the individual will be compelled to perform community service, attend counseling and report monthly to their probation officer.
Can I Be Charged with BUI if My Blood Alcohol Content (BAC) is Under the Legal Limit?
In Florida, the Fish and Wildlife Conversation Commission has the power to enforce the state’s laws and ensure every boater on the water adheres to those regulations. This organization regularly stops boaters and performs blood-alcohol or field sobriety tests to identify if the individual is showing signs of impairment. During a stop, law enforcement officials have discretion and are able to make decisions on whether they believe a boater’s normal faculties are compromised. Suppose the officer thinks the boater is operating the vessel under the influence of drugs or alcohol. In that case, they may be subject to arrest, even if their blood-alcohol content is below the legal limit.
How We Can Battle Against Your Florida BUI Charges
Evidence is everything when it comes to successfully fighting back after being arrested for boating under the influence. We will evaluate the case from beginning to end to identify the evidence against our client and to build the best possible plan to protect their rights.
For example, in some instances, boaters may be arrested based on the perception that their normal faculties are impaired. This often occurs because law enforcement officers have discretion and are allowed to make an arrest when the accused boater is not over the legal limit of intoxication. In this situation, we can gather evidence to cast doubt on the officer’s perception and to prove you were fully capable of safely operation your vessel.
When blood-alcohol tests or field sobriety tests are conducted, we can review the available evidence to determine if the officer made any discrepancies or errors during the test’s commission. Scrutinizing how these tests were administered can illuminate the results and potentially question their validity.
Furthermore, field sobriety tests have many common concerns, especially when conducted on the water. The shaky surface of the boat can make it difficult to balance, causing individuals to stumble. Officers can incorrectly view that behavior as an indication of intoxication, which can result in an arrest.
Contact Our Firm Today for BUI Advocacy
Enjoying the beaches and weather our beautiful state offers is common for many people and their families. However, when boating or engaging in recreational water activities, it is vital to do so safely to avoid injury or arrest. Attorney Keeley Karatinos of Karatinos Law, PLLC, is ready to defend your rights and reputation when boating under the influence charge threatens your future. To receive urgent and supportive legal assistance from local Pasco County and Hernando County attorneys, contact our staff at 352-405-0537 or complete our online form.