Boating Under The Influence
Fun in the sun - it's a mantra in Florida. For many Florida residents and visitors, that mantra means beaches, boats and cold beverages. However, boating under the influence of alcohol or drugs is a serious crime, and law enforcement officers patrol Florida's waters looking for signs of impaired boaters. If you are arrested for boating under the influence (BUI), contact the experienced defense attorneys at Musca Law to discuss the facts of your case.
Elements of Boating Under the Influence
Under Florida Statute § 327.35(1) (Florida law), a person is guilty of the offense of BUI if the person is operating a vessel within this state and:
- The person is under the influence of alcoholic beverages, any chemical substance set forth in Florida Statute § 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
- The person has a blood-alcohol level of .08 or more grams of alcohol per 100 milliliters of blood; or
- The person has a breath-alcohol level of .08 or more grams of alcohol per 210 liters of breath.
Penalties of Boating Under the Influence
Similar to Florida DUI penalties, BUI penalties are tough. Florida Statute § 327.35 governs, or controls, mandatory minimum BUI penalties. What are "mandatory minimum penalties" and what do "mandatory minimum penalties" mean for you? Again, similar to DUI laws, mandatory minimum BUI penalties stick Florida courts with rigid guidelines for convicted BUI offenders. In addition to the risk of having your boating license suspended or revoked, under Florida law, any person who is convicted of BUI shall be sentenced as follows:
First Offense (First Degree Misdemeanor)
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0 - 180 Days County Jail |
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0 - 270 Days County Jail |
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$500.00 - $1,000.00 |
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$1,000.00 - $2,000.00 |
- Monthly Reporting Probation
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0 - 12 Months |
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Mandatory 50 Hours |
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Mandatory |
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Mandatory - 10 Days |
Second Offense Within 5 Years of Prior BUI Conviction (First Degree Misdemeanor)
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10 - 270 Days County Jail |
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10 - 364 Days County Jail |
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$1,000.00 - $2,000.00 |
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$2,000.00 - $4,000.00 |
- Monthly Reporting Probation
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0 - 12 Months |
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Not Mandatory, May Be Ordered By Court |
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Mandatory |
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Mandatory - 30 Days Minimum |
Second Offense Outside 5 Years of Prior BUI Conviction (First Degree Misdemeanor)
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10 - 270 Days County Jail |
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10 - 364 Days County Jail |
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$1,000.00 - $2,000.00 |
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$2,000.00 - $4,000.00 |
- Monthly Reporting Probation
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0 - 12 Months |
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Not Mandatory, May Be Ordered By Court |
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Mandatory |
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Mandatory - 10 Days |
Third Offense Within 10 Years of Prior BUI Conviction (Third Degree Felony)
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30 - 5 Years Florida State Prison |
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30 - 5 Years Florida State Prison |
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$4,000.00 Minimum |
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$4,000.00 Minimum |
- Monthly Reporting Probation
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Up to 5 Years Felony Probation |
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Not Mandatory, May Be Ordered By Court |
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Mandatory |
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Mandatory - 90 Days Minimum |
Third Offense Outside 10 Years of Prior BUI Conviction (First Degree Misdemeanor)
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0 - 364 Days County Jail |
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0 - 364 Days County Jail |
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$2,000.00 - $5,000.00 |
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$4,000.00 Minimum |
- Monthly Reporting Probation
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0 - 12 Months |
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Not Mandatory, May Be Ordered By Court |
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Mandatory |
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Mandatory - 10 Days Minimum |
Fourth or Subsequent BUI Conviction (Third Degree Felony)
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Up to 5 years Florida State Prison |
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Up to 5 years Florida State Prison |
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$2,000.00 Minimum |
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$4,000.00 Minimum |
- Monthly Reporting Probation
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Up to 5 years felony probation |
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Not Mandatory, May Be Ordered By Court |
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Mandatory |
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Mandatory - 90 Days Minimum |
Enhanced DUI Penalties
Enhanced penalties apply when a person is charged with BUI with a breath- or blood- alcohol level of .15 or greater or when a person is charged with operating a vessel while accompanied in the vessel by a person under the age of 18.
Residential Treatment Program
Under the court's discretion, a defendant may be required or permitted to serve "all of any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program." Fla. Stat. § 327.35(6)(i). Additionally, under Florida law, any time spent in a residential treatment program "must be credited by the court toward the term of imprisonment."
Hire an Experienced Florida BUI Attorney
An experienced BUI attorney will investigate your case and provide you with the best chance of reducing your charges or completely avoiding a conviction. For more information on BUI cases in Florida, or if you were arrested for BUI, please schedule a free, confidential consultation with an experienced Musca Law Jacksonville DUI attorneys. Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).
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