Boating Under Influence

BUI, or Boating Under Influence, is a misdemeanor crime in Florida. This weekend, June 24-26, 2016, Florida Fish and Wildlife officers will be cracking down on drunk boating throughout the state. Keep in mind that on a boat, any law enforcement officer can stop your boat for any reason. They do not need probable cause as in a DUI. Types of law enforcement officers we've seen while boating in St Petersburg, or Clearwater include

• Florida Fish And Wildlife
• Pinellas County Sheriff Deputies
• St. Petersburg Police
• Clearwater Police
• Coast Guard

All of the above police agencies have arrest powers and are trained to do Boating Under Influence investigations. The tests for BUI are slightly different than for DUI. If you are stopped, and the officer suspects Boating Under Influence, they should take you to a dock or land to do the sobriety tests. But they often don't. If they don't take you to land, you may have some great defenses. You should always talk to an attorney if you are arrested. Boating Under Influence carries many of the same penalties as Driving Under the Influence. carries: • Maximum fine of $1,000.00 • Imprisonment of not more than 6 months • Substance evaluation and treatment if required • 12 months of probation • 50 hours of community service and an impoundment of the vessel (or any one vehicle registered in defendant’s name). Note that unlike a Pasco County DUI, a BUI conviction does not require the MANDATORY suspension of the person’s driver’s license. (That does not mean a judge can’t suspend your Florida Driver’s License) Any prior conviction for Florida DUI, or a similar offense committed in another state, will qualify as a prior conviction for sentencing. So if you had a DUI conviction within five years of your current BUI, you will be sentenced to enhanced penalties including: • Mandatory 10 days of jail • Up to $2,000.00 in fines • Maximum possible imprisonment of 9 months • 30 day vessel or vehicle impound • 12 months of probation. • Maximum fine of $1,000.00 • Imprisonment of not more than 6 months • Substance evaluation and treatment if required • 12 months of probation • 50 hours of community service and an impoundment of the vessel (or any one vehicle registered in defendant’s name). Note that unlike a Pasco County DUI, a BUI conviction does not require the MANDATORY suspension of the person’s driver’s license. (That does not mean a judge can’t suspend your Florida Driver’s License) But, any prior conviction for DUI, or a similar offense committed in another state, will qualify as a prior conviction for sentencing. If you had a DUI conviction within five years of your current BUI, you will be sentenced to enhanced penalties including: • Mandatory 10 days of jail • Up to $2,000.00 in fines • Maximum possible imprisonment of 9 months • 30 day vessel or vehicle impound • 12 months of probation.