Miami BUI Defense Attorneys

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.