Sarasota BUI Lawyer

If a routine patrol of our area’s waterways or perhaps an accident led to you facing BUI charges, it’s important that you know that such an offense is treated just as seriously as a driving under the influence (DUI) case. Prosecutors don’t look too positively upon those they suspect of boating under the influence (BUI) and, as a result, will invest their full time and resources in trying to secure a conviction in your case.

Given how prosecutors treat those they suspect of this reckless operation of a water vessel so strongly, you need to put up a strong defense. Let a Sarasota BUI lawyer at Titan Law review your case details during a free initial strategy session. This will allow our legal team to better understand the circumstances surrounding the charges you face so they can advise you which potential legal consequences you’re facing.

How Does Florida Define Boating Under the Influence?

At least half of all boating accidents are attributable to drug or alcohol use, according to the Boat U.S. Foundation. This is why when you’re out on the water in Sarasota, you’re likely to see a decent amount of law enforcement officers patrolling, looking for, among other concerns, intoxicated boaters.

Florida Statute §327.35 is the section of the law that refers to how operating a boat on our state’s navigable waters while intoxicated by alcohol or drugs is illegal, especially under the following circumstances:

• With a breath or blood alcohol content (BAC) of .08 or more
• If there’s evidence that you’re under the influence of an intoxicating substance that affects your normal functioning

Penalties for BUI Charges in Florida

Boating under the influence in Florida is a criminally punishable offense that often carries with it the following potential penalties if you’re convicted of such a crime for the first time:

• As much as $1,000 in fines
• As long as six months imprisonment

However, the penalties above are just associated with first-time offenders. The following penalties are associated with second and third-time offenses:

• Secondary BUIs: As much as $2,000 in fines or nine months in jail.
• Tertiary DUIs: A third-degree felony charge on your record (if you were convicted of the same offense in the past 10 years) and anywhere between as long as a year or five years imprisonment and $5,000 in fines, depending on when your last BUI conviction occurred.

In addition to the above, you may have your water vessel impounded, have to attend substance abuse counseling, perform 50 or more hours of community service, and have to serve probation.

Penalties only increase for every subsequent BUI after that. Also, if you were so intoxicated that your BAC was 0.20 or greater and caused an accident resulting in injuries or property damage, the penalties you may face, regardless of whether it was your first or subsequent BUI charge, may be more significant than what is listed above.

Considering the potential penalties you face, you’ll certainly want to be sure to work closely with a Sarasota BUI lawyer to navigate the legal system in your case.

Options for Avoiding a BUI on Your Record

The Office of The State Attorney Sixth Judicial Circuit of Florida has a DUI Rehabilitation of Offenders Program (DROP) that allows those facing their first DUI or BUI offense in the state to take part in a diversion program that converts their offenses to reckless driving charges instead.

The eligibility criteria for this program is to remain in compliance with random testing and substance abuse counseling imposed by the Court.

If you’re a so-called first-time offender, be sure to discuss the prospect of petitioning the Court for participation in this diversion program with your Sarasota BUI lawyer during your initial complimentary strategy session with them.

Defending yourself against charges and pursuing a plea deal are two other options among many others that may be available to you depending upon the circumstances surrounding your case, which is why you’ll want to meet with an attorney right away.