In addition to prohibiting residents and visitors alike from driving motor vehicles on public roads while under the influence of alcohol or drugs, state law bars people from operating maritime vessels in the state’s navigable waterways while impaired. After an arrest on suspicion of boating under the influence (BUI), it is important to know that these charges are just as serious as driving under the influence (DUI).

Seeking legal support from a Key West BUI lawyer could ensure your rights are protected throughout the legal process. Contact Keys Criminal Defense, PLLC to discuss your case with a skilled boating and FWC violations attorney.

Who Can Be Criminally Charged for BUI?

Under Florida Statutes § 327.35, the same standards for DUI charges apply to BUI offenses. This means that law enforcement can arrest you for BUI if you are operating a maritime vessel with a blood alcohol concentration of 0.08 percent or more, or if you have any amount of alcohol or drugs in your system that impairs your normal faculties.

As an attorney experienced in handling Key West BUI cases could further explain, this standard applies to boat operators over the age of 21. Individuals under 21 operating vessels in navigable waterways can be arrested and charged with BUI if they have any alcohol or drugs in their system whatsoever. Furthermore, if police officers cannot determine who the operator of a vessel is during a BUI stop, they will consider the owner or renter of the vessel to be the operator for the purpose of BUI prosecution.

Increasing Penalties for Repeat BUI Convictions

State laws allow courts to impose harsher sanctions on those convicted of BUI with prior offenses. The minimum and maximum criminal penalties for first-time and repeat BUI offenders include:

  • $500 to $1,000 in fines plus up to six months in jail for a first-time conviction
  • $1,000 to $2,000 in fines plus up to nine months in jail for a second conviction
  • Up to $5,000 in fines and five to 10 years in prison for a third conviction, if all three convictions occurred within a continuous 10-year period
  • Up to $5,000 in fines and five to 10 years in prison for fourth and subsequent convictions

A BUI lawyer in Key West could help negotiate for the court to allow you to serve a sentence in a residential alcohol abuse program instead of jail or prison.

Contact a Key West BUI Attorney for Support

Given how popular the state is as a destination for both commercial and recreational boating, it is hardly surprising that local police and court authorities take BUI very seriously. Authorities tend to be unsympathetic to first-time offenders, especially if they try to handle their own defense without seeking help from seasoned legal counsel.

Working with a Key West BUI lawyer from our team at Keys Criminal Defense, PLLC could be critical to protecting your best interests during and after the conclusion of your case. Contact us today to discuss your options.

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