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. Her life experience gives her firsthand knowledge of the common problems that impact local residents in Pasco and Hernando counties, 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 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 boating under the influence (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 content (BAC) exceeds the legal limit of .08%.
How BUI Differs From DUI In Florida
While BUI and DUI carry similar penalties, there are key differences between the two that every boater should understand. These distinctions can make a real impact on your life after a charge, starting with one of the biggest concerns most people have.
A BUI Does Not Affect Your Driver’s License
A BUI charge only puts your boating privileges at risk, not your ability to drive on the road.
You can still drive your car to work, take your kids to school and go about your daily life without restriction.
That said, there are situations where your driving privileges could still be affected. If a court places you on probation as part of a BUI conviction, the terms of that probation may include restrictions on your driving. A prior DUI on your record can also complicate things, as a BUI conviction may count as a prior alcohol-related offense and affect sentencing if you face a future DUI charge.
More serious BUI cases involving injuries, property damage or fatalities can also lead to license suspension or revocation, particularly if additional charges like DUI apply.
Finally, if officers determine that you drove a vehicle to the boat ramp while impaired, you could face a separate DUI charge alongside your BUI. In that case, your driver’s license would absolutely be at risk.
Random Stops Are Legal On Water
On the road, police need a valid reason to pull you over. They must observe something specific like erratic driving, speeding or a taillight violation before they can make contact with you.
On the water, the rules are completely different. Florida Fish and Wildlife Conservation Commission (FWC) officers maintain a strong presence on the waterways throughout Pasco and Hernando counties. You will notice increased patrols during peak boating season and major holidays when more vessels take to the water.
Unlike traffic stops on the road, FWC officers have the authority to stop any boat for a routine safety inspection. They do not need to suspect you of committing a crime. These checks typically focus on ensuring you have the required safety equipment like life jackets, proper registration and functioning lights. If that officer notices the smell of alcohol, slurred speech or any other sign of impairment during that stop, the inspection can shift into a full BUI investigation within moments.
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 10 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 whether 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 You Be Charged with BUI if Your BAC is Under the Legal Limit?
In Florida, the FWC 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 BAC 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 build the most favorable 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 prove you were fully capable of safely operating 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 a boating under the influence charge threatens your future. To receive urgent and supportive legal assistance from a local Pasco County and Hernando County attorney, contact our staff at 352-405-0537 or complete our online form.