Orlando BUI Lawyer

Boating under the influence (BUI) is a crime in Florida, and Katz & Phillips defends people charged with it. Section 327.35 of the Florida Code makes it a criminal offense to operate a watercraft while impaired by alcohol or drugs. The same standards apply as for drinking and driving a motor vehicle.

A BUI charge can turn a pleasant weekend outing into a nightmare unless you have an experienced criminal defense attorney by your side. At Katz & Phillips, we understand that, unlike driving, boating is almost always a pleasurable pursuit. You might have been having a good time and might have been totally unaware of how much you drank. You might not even have known that boating under the influence is a criminal offense in Florida. We don’t judge; we know it could happen to anyone. Call us at 321-425-8961 for a consultation so we can review the charges against you. We’ll let you know where you stand and how we can defend you against these charges so that one mistake does not have to ruin years of your life.

Who Defends BUI Cases at Katz & Phillips?

Katz & Phillips is led by founding partners David S. Katz and James D. Phillips, two of three board-certified* DUI defense lawyers in the state.

Our attorneys are former prosecutors. We know how the State builds a case and what strategies they rely on because we have used those strategies ourselves. This insight allows us to anticipate the prosecution’s moves.

Across criminal and DUI defense, our attorneys have handled more than 10,000 cases. Read about David S. Katz and James D. Phillips, see our case results, or read what clients say about us.

*Board Certified in DUI Defense by the National College for DUI Defense. Accredited by the American Bar Association. Not certified as a Specialist by the Florida Bar.

What Does an Orlando BUI Attorney Do?

An Orlando BUI attorney serves as your advocate and guide through the legal process. Here’s what they can do for you:

• Legal Expertise: An experienced BUI attorney understands Florida’s laws on boating under the influence and uses that knowledge to build a defense tailored to your case.
• Case Analysis: Your attorney reviews the circumstances of your arrest, assesses the evidence, examines police procedures, and looks for weaknesses in the prosecution’s case.
• Strategic Defense: Your defense depends on the specifics of your situation. It might involve challenging the accuracy of tests, questioning probable cause, or presenting mitigating factors.
• Representation: Your attorney represents you in all legal proceedings, including court appearances, negotiations, and discussions with prosecutors. Their goal is to protect your rights and pursue the best possible outcome for your case.
• Advocacy and Support: Beyond legal expertise, an Orlando BUI attorney provides much-needed support during a stressful time. They offer guidance, answer your questions, and provide reassurance throughout the legal process.

How Does Florida Define a BUI?

BUI stands for Boating Under the Influence. In Florida, BUI is a serious offense that is treated similarly to DUI (Driving Under the Influence).

Definition

BUI is operating a vessel while under the influence of alcohol or drugs to the extent that your normal faculties are impaired. This includes boats, jet skis, and any other type of watercraft. A boat is considered any type of motorized water vessel and can include fishing boats as well as pleasure craft.

The legal BAC limit for operating a vessel in Florida is 0.08% for those aged 21 and over. If you are under the age of 21 (legal drinking age), the BAC level is 0.02%. If you are caught operating a vessel with a BAC above this limit, you can be arrested for BUI.

Florida takes BUI seriously, in part because the state leads the nation in boating deaths each year and nearly one-third of those accidents involve alcohol.

Is It Illegal to Drink Alcohol on a Boat in Florida?

It is not illegal to consume alcohol on a boat. What is illegal is to operate the boat after you have consumed an intoxicant. An arrest can occur if a law enforcement officer suspects you of drinking and boating or if you have a blood alcohol concentration of .08% or higher.

Who Can Arrest You for BUI in Florida?

A person can be arrested for BUI in Florida. The police may make the arrest, or it may also occur through the Coast Guard or Fish and Wildlife Officers. The case is heard in the county where the offense occurred.

Can Police Stop Your Boat and Test You for BUI?

Just like stopping a vehicle, law enforcement officers on the water must have cause to stop your boat. In most cases, law enforcement officers believe that you are violating some regulation or speeding. Officers can also stop you for a random equipment check, or to be sure you are complying with fishing or safety regulations. A police officer or wildlife officer is also able to stop boaters who are operating a boat erratically or unsafely.

If the officer suspects that you may have been drinking, field sobriety tests may be requested. Field sobriety tests are the same as those performed for DUI. They include such tests as the walk and turn test, reciting the alphabet, and standing on one leg, to name just a few. These are done as a way to determine whether it is likely that you have been drinking.

BUI tests are the same as those for DUI. Often, a breathalyzer test is performed at the scene. Additionally, the police may request that you take a chemical test to measure BAC through a urine or blood sample.

Do You Have to Take a BAC Test on a Boat?

Florida has implied consent laws. This means that anyone who operates a boat is automatically giving consent to testing for alcohol or drugs if asked to do so by a member of law enforcement. Boat operation is not tied to your Florida driver’s license. However, if requested to do so, you must submit to taking a blood, breath, or urine test to determine BAC, blood alcohol concentration.

If you refuse to submit to testing you may be subject to a fine of up to $500. Failure to submit may result in additional charges and penalties.

Penalties

You can be fined up to $1,000 and can be sentenced to jail for up to six months. If this is your third BUI, the fine can potentially jump to $5,000 and you could spend as much as a year in prison. If you’re involved in a boating accident and someone loses his or her life, this is BUI manslaughter and the penalties get much worse. If your BAC is 0.15 or above, you’re also facing much stiffer penalties.

The penalties for BUI are similar to those for DUI. They can include:

• Fines: Up to $5,000
• Jail time: Up to six months for a first offense and up to one year for a subsequent offense
• Probation: Up to one year
• Loss of boating privileges: Up to one year

Additionally, there may be other penalties such as substance abuse treatment or rehabilitation, probation, and community service. Also, the boat that was operated may be impounded for 10 days. Subsequent convictions after an initial BUI will incur more severe penalties. A third or fourth BUI within 10 years of the first conviction is considered a felony.

Additional Consequences

Even a conviction without jail time can affect you for years. A BUI conviction can also have other negative consequences, such as:

• Increased insurance rates: Your boat insurance rates may go up significantly after a BUI conviction.
• Difficulty finding a job: Some employers may not hire people with a BUI conviction.
• Damage to your reputation: A BUI conviction can damage your reputation and make it difficult to get a loan or rent an apartment.
• Strain on personal relationships: A criminal conviction can complicate your personal relationships.

How to avoid a BUI

The best way to avoid a BUI is to avoid drinking or using drugs before you go boating. If you are planning on drinking alcohol, designate a sober driver who will not drink and will be responsible for driving the boat home.

Here are some resources that you may find helpful:

• National Association of State Boating Law Administrators (NASBLA)
• Boaters Against Drunk Driving (BADD)

Can a BUI Charge Be Reduced or Dismissed?

Being charged with BUI doesn’t mean automatic guilt. Not all cases lead to conviction. In many cases, your charges could be reduced or dismissed altogether. BUI, like DUI, can be defended in court.

If you have been charged with BUI, do not admit guilt. If you are charged with BUI anywhere in Florida, you can expect that you are prosecuted aggressively. If you have been arrested for BUI it is essential to get help from an experienced DUI attorney as soon as possible. The sooner you contact a lawyer the better.

The first thing that must be determined in a BUI case is whether the arrest was done lawfully. Because BUI arrests are different than DUI arrests, there are different procedures that must be followed. If the arrest is found to have been done correctly, other considerations must be reviewed. For example, the law enforcement officer must follow specific procedures when requesting a blood or urine BAC test. If the law was not adhered to during the arrest process, the BAC test may not be able to be used as evidence in the case.

If you have refused to submit to BAC testing you will be fined $500 unless you request a hearing within 30 days of your arrest.

Your lawyer will review all the information including any witness statements and other detailed data to determine the best way to move forward.

Defend Your Rights With an Orlando BUI Law Firm

Don’t face a BUI charge alone. Whether you need a dedicated attorney or a law firm in Orlando, take the first step toward safeguarding your future.

Contact Katz & Phillips today for a confidential consultation. Let our attorney assess your case, explain your options, and build a defense strategy for your circumstances. Consultations are free, and financing is available with no credit check.

Don’t let a BUI charge dictate your future. Call (321) 425-8961 or contact Katz & Phillips, P.A. today.