Miami, FL BUI Defense Lawyer

Trusted Lawyer for Charges of Boating Under the Influence in Miami, Florida

Miami's waterways are a popular destination for boaters, but unfortunately, accidents can occur on the water, and people may be seriously injured when boats collide with each other or strike people who are swimming or using smaller vessels like jet skis. Alcohol use is one of the leading causes of boat accidents, and in an effort to address this issue, law enforcement may arrest people who are suspected of operating boats while under the influence of alcohol or drugs.

Boating under the influence (BUI) is a crime that has penalties similar to driving under the influence (DUI). If you have been arrested and charged with BUI in Miami, you could face jail time, fines, and other penalties. Because BUI is so similar to DUI, it is important to defend against a conviction and avoid having this charge on your record. At The Hoffman Firm, our Miami BUI defense lawyer can help determine what steps to take when addressing these charges, and we will work to prevent a conviction or resolve your case while minimizing the penalties that could affect you.

When Can a Person Be Charged With Boating Under the Influence?

The same standards are followed for BUI charges as for those who are charged with DUI. A person may be arrested for BUI if they have a blood alcohol concentration (BAC) of 0.08 percent or higher or if their ability to operate a boat safely has been impaired by drugs, alcohol, or a combination of different substances.

The implied consent laws that apply in situations where people are arrested for DUI also apply in BUI cases. If someone is arrested on suspicion of operating a boat while under the influence, they will be required to submit to testing of their breath or blood. Refusal to submit to testing will result in a $500 fine.

Penalties for Boating Under the Influence in Florida

A BUI conviction carries the same criminal penalties as DUI. A first offense could result in a sentence of up to six months in jail and a fine of between $500 and $1,000. For a second offense, the maximum jail sentence increases to nine months, and fines may be between $1,000 and $2,000. A third or subsequent offense may result in third-degree felony charges, with a potential prison sentence of up to five years and as much as $5,000 in fines.

More serious penalties may apply in certain situations. A person who operated a boat while under the influence and caused property damage or minor injuries to someone else may be charged with a first-degree misdemeanor. If convicted, they may be sentenced to up to one year in jail and fined a maximum of $1,000. Causing serious injuries while committing BUI is a third-degree felony.

If someone was killed in a boating accident while the operator was under the influence, second-degree felony charges of BUI manslaughter may apply. The penalties for a second-degree felony conviction include a maximum prison sentence of 15 years and fines of up to $10,000. The charge for this offense may increase to a first-degree felony if a person did not stop and provide aid or any required information. If convicted of a first-degree felony, a person could face a sentence of as much as 30 years in prison.

Building a Defense Strategy With the Help of a Miami BUI Lawyer

A BUI arrest does not guarantee a conviction. At The Hoffman Firm, our attorney can help to build a strong defense by:

• Questioning the Reasons a Boat Was Stopped: As when performing traffic stops, law enforcement officers must follow proper procedures when stopping a vessel. If they had no reasons to suspect that a person operating a boat was under the influence, the stop may be deemed invalid, and the charges may be dropped.
• Challenging the Evidence: Demonstrating that a person was intoxicated while operating a boat may be difficult. While officers may attempt to perform field sobriety tests, the results of these can be highly inaccurate while on the water due to motion, wind, and waves.
• Disputing Test Results: If breath or blood tests were performed following an arrest for BUI, our lawyer can determine whether there were any errors that could have led to inaccurate results, such as mishandling of samples or incorrect operation of a breathalyzer device.
• Negotiating for Reduced Charges: Our attorney may work to reach agreements with prosecutors to have charges reduced or dismissed so that a person can avoid having a BUI conviction on their criminal record.

Contact Our Miami BUI Lawyer

A charge of boating under the influence can have serious legal and financial consequences, including jail time, fines, and a permanent criminal record. At The Hoffman Firm, our attorney can help determine the best legal defenses to help reduce or dismiss the charges. Contact our firm today and arrange a free consultation by calling 305-249-0090.