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Miami BUI Defense Attorneys

What a Florida Boating Under the Influence Charge Can Mean for You

Many people do not realize that "boating under the influence" (BUI) is treated with the same seriousness as driving under the influence (DUI). Despite being on the water, operating a boat while impaired by alcohol or drugs presents significant risks to the operator, passengers, and other boaters. Impairment can severely affect judgment, coordination, and reaction times, leading to reckless behavior and potentially tragic accidents. Law enforcement agencies often enforce strict penalties for BUI, including fines, loss of boating privileges, and even jail time.

Florida is known for arresting those who appear to be boating under the influence of alcohol or drugs. Our Miami BUI defense lawyers at Beckham Law Firm are ready to help fight these extremely serious charges.

Contact us online or call (786) 244-8010 to discuss your BUI case with our team. We offer free initial consultations.

The State DISMISSED the DUI
At 3:12 AM, Police observed the Defendant accelerate through a stop sign and across an intersection. Upon stopping the Defendant’s vehicle, Police smelled a strong odor of alcohol emitting from the vehicle and asked the Defendant to step out. The Defendant had a flushed face and bloodshot eyes and agreed to perform roadside exercises. After failing to perform the exercises to standard, the Defendant was arrested and refused to blow into the breath machine to determine his blood alcohol level.
The State DISMISSED the DUI
At 8:45 pm, the Defendant was observed driving 20mph in a posted 45 mph area, as well as failing to safely maintain within a single lane. The officer conducted a traffic stop and noticed the Defendant had glassy eyes, an odor of an alcoholic beverage coming from her breath, and slurred speech. The Defendant performed the standardized field sobriety tests but did not meet the standards and was placed under arrest. The Defendant provided breath samples of .188/.186.
The State DROPPED the DUI
At 7:41 pm, the Defendant was observed swerving and unable to maintain his lane. The Defendant almost struck several vehicles as he would drift to the left lane and then abruptly move back to the right lane, also disregarding a stop sign. An officer conducted a traffic stop, and once he made contact with the Defendant, he noticed the Defendant had bloodshot, watery eyes, a flushed face, slurred speech, and a strong odor of an alcoholic beverage was emanating from his breath and person.
The State DROPPED the DUI
At 4:05 am, the Defendant was observed by an officer traveling eastbound on a westbound lane. The officer conducted a traffic stop and noticed the Defendant had a strong odor of an alcoholic beverage emitting from his breath, slurred speech, and bloodshot eyes. The Defendant agreed to attempt the field sobriety tests but was not able to perform these exercises to standard. The Defendant was later found to have over 90 pills in his pocket without any prescription labels.
The State DROPPED the DUI
At 5:54 am, the Defendant was recklessly driving as reported by one witness. The Defendant nearly hit two vehicles and a concrete barrier wall. The Defendant later made a complete stop and one of the officers observed the Defendant passed out inside the vehicle behind the wheel blocking the roadway. The Defendant was removed from the vehicle for safety. The Defendant had an odor of an unknown alcoholic beverage and was not aware of what was happening.
The State DROPPED the DUI
At 12:55 am, officers observed the Defendant swerving in front of the, while almost hitting parked cars. The traffic stop was initiated, and the officers immediately noticed signs of intoxication like: the Defendant’s bloodshot, watery eyes, and flushed face. There was also an odor of alcohol that emitted when the Defendant stepped out of the car. Due to the Defendant’s level of intoxication, the Defendant was unable to meet the roadside exercises to standard, and was arrested for DUI.

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Don’t Let a DUI Define You Proven DUI Defense With Over 3,000 Cases Cleared

Every DUI case is unique, and the consequences can be life-altering. Our Miami-Dade attorneys have successfully defended thousands of DUI cases, working to reduce or dismiss charges while safeguarding your rights, license, and future. With a former prosecutor and public defender on your side, you get strategy, insight, and experience every step of the way.

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When Does a Florida BUI Charge Become Aggravated?

In Florida, certain circumstances can lead to aggravated BUI charges, which can significantly increase the severity of penalties faced by the offender. A BUI charge may be aggravated when the operator has an especially high blood alcohol concentration (BAC) exceeding 0.15% - almost double the legal limit of 0.08%. This elevated level indicates a greater degree of impairment and can lead to harsher punishments, including extended fines and increased jail time.

An individual may also face aggravated BUI charges if:

He or she has a prior DUI, alcohol-related, or drug-related conviction
His or her impairment leads to an accident that causes property damage or bodily injury, especially if the damage or injuries are serious
Minors were on-board the boat or vessel while he or she was impaired

If you are potentially facing aggravated charges, you should not wait to reach out to our Miami BUI defense attorneys. Depending on the circumstances, we may be able to negotiate with the prosecution and secure reduced charges.

Charged with BUI? Do not wait to call (786) 244-8010 or contact us online to schedule your free case evaluation.

Do Florida’s BUI Laws Apply to All Types of Boats and Vessels?

Florida’s BUI laws apply to all motorized boats, which include personal watercraft (PWC) like jet skis, as well as larger vessels, such as powerboats and yachts. Sailboats are also subject to BUI regulations, particularly when they are equipped with motors. Furthermore, any vessel that is legally required to be registered in Florida falls under these laws, which include not only recreational boats but also commercial vessels used for activities like fishing and chartering. It’s important to note that even non-motorized vessels, such as canoes and kayaks, can be implicated under BUI laws if the operator exhibits impairment that could endanger themselves or others on the water.

Potential Defense Strategies for Florida BUI Charges

No two BUI cases are alike. Pursuing the right defense requires a careful examination of the circumstances surrounding the incident is crucial. Our team at Beckham Law Firm is prepared to thoroughly investigate every facet of your situation to determine the best available defense strategy.

Some of these defense strategies may involve:

Challenging the traffic stop. If the law enforcement officer did not have reasonable suspicion or probable cause for stopping your boat or vessel, any evidence obtained during the stop, including breathalyzer results, may be inadmissible in court.
Asserting the inaccuracy of sobriety tests. Field sobriety tests, often employed to assess impairment, can be subjective and influenced by various factors unrelated to intoxication, such as environmental conditions or medical conditions. We may argue that the officer did not properly administer the tests, that you had physical limitations affecting test performance, or that the tests themselves are not a reliable indicator of impairment.
Disputing BAC results. Breath and blood tests are not infallible. Factors such as calibration errors, improper handling of samples, and physiological variables (like certain medical conditions) can all affect results.
Establishing mistake of fact. If you were not aware that you were operating a vessel under the influence, demonstrating a lack of intent or knowledge regarding your impairment can lead to reduced or dismissed charges in some cases. For example, you may have consumed a substance you believed was not impairing, such as a prescription medication, before operating your vessel.
Arguing you experienced rising blood alcohol. This defense posits that your BAC was actually below the legal limit at the time of operation but rose above it by the time law enforcement administered the test. Expert testimony may be needed to support this claim by showing that alcohol absorption takes time.

Florida’s BUI Laws Can Be Hard to Understand. We Can Explain.

In Florida, BUI is covered under Section 327.35 of the Florida Statutes. Under §327.35, a person is guilty of BUI when he or she operates a vessel within the state and is under the influence of alcoholic beverages, any chemical substance set forth in §877.111, or any controlled substance covered under chapter 893, when affected to the extent that their normal faculties are impaired, or when their blood alcohol content is .08% or greater.

The penalties for boating under the influence on a first conviction can include:

Fines ranging between $500 and $1,000
Up to six months in jail

For a second BUI conviction, the penalties can include:

Fines ranging between $1,000 and $2,000
Up to nine months in jail

For a third BUI conviction within ten years of a prior conviction, the individual is guilty of committing a third-degree felony:

Fines ranging between $2,000 and $5,000
Up to five years of incarceration

Contact Us Today for Skilled Legal Representation

If you have been arrested for BUI, we urge you to get in touch with our Miami BUI defense lawyers right away. With over 35 years of combined experience representing clients facing BUI charges, we are well-qualified to aggressively defend you. One or more effective defenses may apply to your BUI case, and our goal is to secure the best possible result.

Mr. Beckham is real, trustworthy, and more importantly knowledgeable.
“Mr. Beckham is real, trustworthy, and more importantly knowledgeable. This was my first experience dealing with an attorney and I’m truly thankful I chose him and for all the help him and his associates provided me with.”

- Ethan M.
What stood out most was the empathy and communication.
“I can’t say enough about the professionalism and dedication of The Law Offices of Justin K. Beckham. From day one, they treated my case with genuine care and urgency. Every text and call was answered, every question explained. I always felt heard and supported. Brandon and the entire team fought for me like family and never gave up until we cleared my name. If you ever find yourself needing defense counsel in Miami, this is the firm you want by your side—experienced, relentless, and truly human. I’m forever grateful for their work and for giving me my life back.”

- Rafael M.
The experience with Beckham law firm was excellent.
“They took great care of me, kept me informed and made me feel secure with the process, as it was my first time having to hire an attorney. 100% satisfied with my experience”

- Marvin O.
Professional, attentive, and efficient.
“Service has been top-notch since February. Beckham Law Firm is professional, attentive, efficient, experienced, and qualified. My case was quickly resolved, and I'm very thankful. Extremely happy with the outcome and highly recommend this firm.”

- Carolina G.
They went above and beyond with closing everything in a timely manner.
“The staff at Beckham Law did an amazing job handling my case. They went above and beyond with closing everything in a timely manner. They were very reasonable with pricing and very flexible with payment. Barbara was very helpful answering any questions or concerns that I had. I highly recommend these law professionals to handle any legal matters you may need resolved.”

- Joel D.
Knowledgeable, skilled professionals!
“I'm so happy I found these lawyers on the Internet. I was very nervous and scared when I walked into the office, thinking a bad outcome could change my life drastically. They were able to get my case dismissed! I highly recommend Beckham Law Firm to my family and friends. Thanks for everything!”

- Leonel D.
Best law firm I have worked with!
“By far the best law firm! Very friendly and knowledgeable attorneys with vast experience in DUI and criminal cases. The staff is amazing and always available for any concerns. Highly recommend Beckham Law Firm!”

- Melody A.
Thanks to their experience and hands on attitude my case was dismissed.
“I highly recommended Beckham Law Firm, for a top notch professional & straight forward criminal defense representation. They are fast, on point & available at anytime. Thanks to their experience and hands on attitude my case was dismissed. It is a total life changer. Thanks so much to the whole team you are the best!”

- Luis C.
I'm very happy and grateful to have chosen this office to represent me.
“Wonderful service! Attorney Beckham handled my case very professionally and attentive the entire process. I'm very happy and grateful to have chosen this office to represent me. I recommend his services to anyone in need of an attorney, quality and service will not disappoint. The assistants in the office are very attentive and communicative. Simply amazing!”

- Sam G.

Why partner with Beckham Law Firm?

Strong Community
Roots

Our strong relationships with local judges, attorneys, and law enforcement empower us to facilitate favorable resolutions for clients in even the most complex criminal cases.
Comprehensive
Knowledge

We know Criminal Law. With years of former prosecution experience and a longstanding reputation for achieving favorable outcomes for our clients, you can trust us to employ a strategic defense strategy for your unique case.
Time-Tested Trial Experience
Our attorneys are highly skilled litigators, empowering us to represent your best interests at every stage of the criminal process. From initial arraignment hearings to pre-trial motions to criminal litigation, we can provide a formidable defense in and out of the courtroom.
Proven Track Record of Results
With over 10,000 cases handled and over a 90% success rate, put decades of experience in your corner with Beckham Law Firm. We can diligently protect your rights from start to finish.

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aggressive defense in & out of the courtroom

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