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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
Around midnight, Police were operating a checkpoint on Coral Way near 27th Avenue. The Defendant entered the checkpoint, and displayed bloodshot eyes and slurred speech. She also had difficulty balancing when she stepped out of the vehicle, and could not complete the roadside exercises safely. Police arrested the Defendant for DUI, and the Defendant later admitted to drinking wine earlier that night at a party with friends. The Defendant blew .152 and .143 into the breath machine.
The State DROPPED the DUI
At 11:55 pm, an officer observed the Defendant come to a complete stop in his westbound lane without reason as there were no stop signs, signals, or pedestrians. The Defendant stayed stopped for a moment and then continued on. The vehicle that was behind the Defendant’s vehicle flagged down the officer and told him that the Defendant had been weaving all over the road and that he was scared the Defendant would crash.
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 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 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 2:45 am, an officer observed the Defendant driving 17 miles over the speed limit. The Defendant was also swerving and failing to maintain a single lane, nearly hitting a concrete raised median. The officer issued a traffic stop and made contact with the Defendant, who seemed to have a long, blank stare, confused look, flushed face, and bloodshot, watery eyes. The Defendant also had slurred speech and a strong odor of an unknown alcoholic beverage was coming from her breath and person.

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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.

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“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 fought to be sure my side was heard and that I was treated fairly.
“The Beckham Law Firm has been a tremendous help with my case. I cannot thank their team enough for the time, attention, and understanding with my case. Forever grateful for their help with case. Truly a phenomenal team!”

- Shannon F.
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.
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.
They made a difficult situation better.
“Few years back I ran into some legal trouble and was recommended to Beckham Law by a friend. I had never had to deal with any of this so, it was quite terrifying, to be honest. I walked into his office a nervous wreck, walked out confident and taken care of. Great service. Answers all calls whenever you need help and advice; they made a difficult situation better. I greatly recommend this firm!”

- Carlens E.
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.
They were professional and informative.
“Mr. Beckham and his team were EXCELLENT! They were professional and informative. They walked me through the process and answered all my questions and concerns! And they advised me well! I Highly recommend them!”

- Nelson F.
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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