One of Florida’s most enjoyable activities is boating. Many people like to get out on the water to swim, ski, fish and dive. However, the police are watching you on the water as well as on the land. If you have been arrested for Boating Under the Influence or “BUI” in violation of Florida Statute 327.35 the attorneys of Finebloom & Haenel can help you!
The criteria for BUI is very similar to that of a DUI. Florida law makes it illegal to operate a boat during a time when your normal faculties are impaired by alcohol or any substance listed in chapter 893 of the Florida Statutes. So if the blood or breath alcohol level in your system shows as .08 or higher you may be found guilty of BUI. You may also be convicted if a urine test shows a sufficient quantity of drugs.
Punishments for a BUI charge are almost exactly the same as those for a DUI charge. There is no DUI school, but substance abuse counseling and community service will be imposed upon conviction. In addition, there are additional penalties as follows:
- Not less than $500 or more than $1,000 for a first conviction.
- Not less than $1,000 or more than $2,000 for a second conviction
- Not less than $2,000 or more than $5,000 for a third conviction outside of a ten year period.
- Not less than $2000 for a fourth or subsequent violation.
- If your blow was a .15 or above the fines are increased to:
- Not less than $1,000 or more than $2,000 for a first conviction.
- Not less than $2,000 or more than $4,000 for a second conviction.
- Not less than $4,000 for a third or subsequent conviction.
- Not more than 6 months for a first conviction.
- Not more than 9 months for a second conviction.
- Not more than one year for a third conviction outside of a 10 year period
- If it is a third violation within a 10 year period the maximum jail time is FIVE YEARS in a Florida State Prison.
- If it is a fourth violation, regardless of how long ago the priors were, the maximum jail time is also FIVE YEARS in Florida State Prison.
- If your blow was a .15 or above then the jail time is increased to:
- Not more than 9 months for a first conviction.
- Not more than 12 months for a second conviction.
Damage to the property or person of another commits a misdemeanor of the first degree punishable by up to one year in the county jail.