The state of Florida leads the nation in annual boating fatalities. The crime of boating under the influence is weighed heavily by law enforcement and the State. DUI and BUI charges in Florida carry the same basic penalties, but the circumstances leading up to a BUI differ greatly from those that lead to a DUI arrest. The legal limit of 0.08% BAC does not change because a different vehicle is used. If you have failed a breath test for BUI in Palm Beach you need the services of a competent West Palm Beach BUI attorney right away.
How is BUI Different from DUI?
Palm Beach County has the fourth-highest boating accident rate. In 2014, the county had 45 boating accidents out of a total of 685 in the entire state of Florida. These 45 accidents caused 4 fatalities. It is estimated that alcohol plays a role in 12% to up to one third of all boating accidents that result in a fatality. For this reason, pursuing BUI is a top priority for law enforcement. Boating under the influence is defined in Florida Statute §327.35. A key difference in BUI charges is that no probable cause is needed to stop and inspect a boat to ensure that it complies with regulations. Probable cause for arrest of a person suspected of impairment is developed once the officer boards the vessel.
The following elements must be satisfied in trial court to prove a BUI has occurred:
- The operator of the boat in Florida must have been under the influence of alcoholic beverages or a chemical substance, and as a result have had his or her “normal faculties” impaired
- The operator of the boat has a blood alcohol level of 0.08% or higher
- The operator of the boat has a breath-alcohol level of 0.08% or higher
As with alcohol, BUI is committed when the operator of the boat reaches or exceeds the legal limit of 0.08%, or when the operator’s “normal faculties” are impaired. There are strict penalties for BUI in Florida, including:
- Fines
- Jail time
- Impoundment and/ or forfeiture of the vessel
- Community service requirements
Possible Penalties for a BUI in Florida
A first-time BUI conviction is classified as a misdemeanor offense. It can lead to:
- a fine of $500.00 to up to $1,000.00
- a jail sentence of up to 6 months or up to 12 months of probation
In addition, one could be required to complete 50 hours of community service, for which there is no “buy-out” option.
A second BUI conviction can incur penalties of fines ranging from $1,000.00 to $2,000.00 and a jail sentence of up to 9 months or 12 months of probation, and community service.
A third BUI conviction, or the first BUI after a period of 10 years, can incur fines of $2,000.00, and a jail sentence of 12 months or twelve months of probation.
A third BUI within 10 years of a prior is a third-degree felony in Florida. This means that a defendant could face a sentence of up to 5 years in a Florida state prison or 5 years of probation.
Available BUI Defenses
When defending a case of BUI, your defense lawyer will gather all possible evidence that can discredit the prosecution’s case against you. The goal is to have your case thrown out so you can avoid a conviction and associated penalties. Your attorney may be able to challenge the arresting officer’s actions when he investigated you for BUI.
- Challenging the officer’s cause for conducting a BUI investigation
- Challenging the administration and results of sobriety tests, including field sobriety and breath tests
One of the most effective challenges to a BUI charge is being able to show that the arresting officer did not follow protocol when issuing a field sobriety and/or breath test. An attorney who can cast doubt on these tests and their results has a greater chance of gaining a dismissal of the case. These defense strategies require competence and experience to work, which is why it’s crucial to hire a reputable West Palm Beach BUI attorney.
West Palm Beach BUI Attorney
The state of Florida leads the nation in annual boating fatalities. The crime of boating under the influence is weighed heavily by law enforcement and the State. DUI and BUI charges carry the same basic penalties, but the circumstances leading up to a BUI differ greatly from those that lead to a DUI arrest. The legal limit of 0.08% BAC does not change because a different vehicle is used. If you have failed a breath test for BUI in Palm Beach, you need the services of a competent West Palm Beach BUI attorney right away.
Criminal Defense Attorney Brian Gabriel understands the complexities surrounding BUI cases and the serious consequences you face if convicted. BUI arrests often involve maritime law enforcement protocols, Coast Guard involvement, and specialized testing procedures that differ from standard roadside DUI stops. Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his extensive career to protect your boating privileges, driver’s license, and freedom.
How BUI Differs from DUI
Palm Beach County’s extensive waterways and high volume of recreational boating activity make it one of the most accident-prone areas in the state. Law enforcement agencies prioritize BUI enforcement as a critical safety measure. Boating under the influence is defined in Florida Statute §327.35, with one key difference from standard traffic stops: no probable cause is needed to stop and inspect a boat for regulatory compliance. Probable cause for arrest develops once the officer boards the vessel.
A BUI conviction requires proving the operator was under the influence of alcoholic beverages or chemical substances that impaired normal faculties, or that the operator had a blood or breath-alcohol level of 0.08% or higher. As with DUI charges, BUI occurs when the operator reaches or exceeds the legal limit or when normal faculties are impaired. However, the marine environment presents unique challenges in evidence collection and field sobriety testing that can significantly impact your case.
Penalties for BUI Convictions in Florida
BUI penalties in Florida are severe and increase with subsequent convictions. A first-time BUI conviction is a misdemeanor offense carrying fines from $500 to $1,000, jail time up to six months or 12 months of probation, plus 50 hours of mandatory community service with no buy-out option. The court may also order vessel impoundment or forfeiture.
Second BUI convictions incur fines from $1,000 to $2,000, jail sentences up to nine months or 12 months of probation, and additional community service requirements. A third BUI conviction or first BUI after 10 years carries $2,000 fines and 12 months of jail or probation. Most seriously, a third BUI within 10 years becomes a third-degree felony, potentially resulting in up to five years in state prison or five years of probation.
Common Mistakes That Damage BUI Defense Cases
Many individuals facing BUI charges inadvertently strengthen the prosecution’s case by making critical errors during and after their arrest. The stress and confusion of a maritime arrest often lead to poor decision-making with lasting legal consequences. One of the most significant errors involves providing excessive information to law enforcement without legal representation present.
Defendants often believe cooperation will help their situation, but detailed statements about drinking habits, timing, and boat operation become powerful evidence against them. Common actions that harm BUI defense cases include:
- Admitting to consuming alcohol before or during boat operation
- Providing detailed timelines without considering accuracy
- Agreeing to additional testing beyond legal requirements
- Discussing the case on social media platforms
- Failing to document environmental conditions immediately
- Waiting too long to contact an experienced criminal defense attorney
Another critical mistake involves neglecting to preserve evidence supporting your defense. Weather conditions, mechanical problems, or medical issues during your trip can provide alternative explanations for observed behaviors, but this evidence becomes less reliable as time passes.
Environmental Factors and Available BUI Defenses
Weather and water conditions play crucial roles in BUI defense strategies that many defendants overlook. Choppy waters, strong winds, and sun glare can significantly impact a boater’s balance and vision, potentially mimicking impairment signs. These conditions affect field sobriety test performance in ways unrelated to alcohol consumption, providing important defense opportunities.
Dehydration and sun exposure during extended boating trips create symptoms similar to alcohol impairment. Heat exhaustion causes dizziness, confusion, and unsteady movement that officers might interpret as intoxication. Additionally, boat rocking can cause sober individuals to appear unsteady when transitioning to solid ground during testing.
Defense attorneys can challenge BUI charges by questioning the arresting officer’s investigation protocols, challenging sobriety test administration and results, and presenting environmental factors as alternative explanations. Passenger testimony, often critical in BUI prosecutions, can be challenged by examining how statements were obtained and passengers’ ability to accurately assess impairment levels. These defense strategies require competence and experience to work effectively.
Contact Criminal Defense Attorney Brian Gabriel in Palm Beach County
Criminal Defense Attorney Brian Gabriel brings over three decades of criminal defense experience to West Palm Beach BUI cases. He recognizes that every BUI case presents unique circumstances requiring personalized defense strategies. He thoroughly investigates each case, examining evidence collection procedures, witness statements, and testing protocols to identify potential weaknesses in the prosecution’s case.
Mr. Gabriel’s results-driven approach focuses on achieving the most favorable outcome possible for each client’s specific situation. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.
