BUI Attorney in Sarasota

Don't Let a BUI Charge Sink Your Future

Boating Under the Influence (BUI) is a serious offense in Florida, akin to driving under the influence. In Sarasota, the local statutes align with state laws, making it illegal to operate a vessel with a blood alcohol content of 0.08% or higher. 

Sarasota's waterways are patrolled rigorously, with the Sarasota Sheriff's Office and Florida Fish and Wildlife Conservation Commission actively enforcing these laws. If charged with a BUI, understanding local procedures is crucial, as unique maritime legal processes apply.

Being arrested for BUI involves various phases, starting from the initial stop and breathalyzer test to possible detention. Sarasota law enforcement officers are trained to recognize impairment signs specific to boating scenarios, such as slow reactions to wake zones. 

This unique enforcement environment requires specialized legal understanding to navigate effectively. Factors like water conditions and weather can also be assessed when defending against a BUI charge, highlighting the importance of localized legal expertise.

If you’ve been arrested for boating under the influence, a seasoned BUI attorney in Sarasota can help protect your rights and your record. Call (941) 541-5335 now or message us online. Free consultations available.

Understanding Florida's Boating Under the Influence (BUI) Laws

Florida Statute § 327.35 defines Boating Under the Influence (BUI). This statute applies to anyone operating a "vessel," which is broadly defined to include virtually any watercraft capable of being used for transportation on water, from motorboats and sailboats to personal watercraft (Jet Skis), canoes, kayaks, and paddleboards. You can be charged with BUI if you operate a vessel while:

Path A: The "Normal Faculties Impaired" Standard

Under the influence of alcoholic beverages, any chemical substance, or any controlled substance: To the extent that your normal faculties are impaired. This standard relies on observable impairment. Law enforcement (e.g., Florida Fish and Wildlife Conservation Commission (FWC) officers, sheriff's deputies, Coast Guard) will look for signs such as erratic vessel operation, slurred speech, unsteadiness, confusion, or poor performance on Field Sobriety Tasks (FSTs) adapted for a marine environment (e.g., finger-to-nose, palm pat, counting exercises, reciting alphabet).

Path B: The "Per Se" Blood/Breath Alcohol or Drug Concentration Standard

• Having a blood alcohol concentration (BAC) or breath alcohol level (BrAC) of 0.08% or more: This is the "per se" standard, mirroring DUI laws for motor vehicles on land. If your BAC or BrAC is at or above this limit, you are legally considered under the influence, regardless of observable impairment.
• Underage Boating Under the Influence (Zero Tolerance for Under 21 - F.S. § 327.35(3)): For individuals under the age of 21, Florida has a "Zero Tolerance" policy. If you operate a vessel with a BrAC of 0.02% or more, you are in violation. This is generally a non-criminal infraction for a first offense, but still carries administrative penalties and can trigger a criminal BUI if BAC is 0.08% or higher.

Penalties for BUI Convictions in Florida

The penalties for a BUI conviction in Florida are substantial and are designed to deter impaired boating. They escalate significantly with repeat offenses or aggravating factors.

First Offense BUI (Misdemeanor)

• Classification: First-Degree Misdemeanor.
• Jail Time: Up to six (6) months in jail.
• Fines: $500 to $1,000.
• Community Service: Mandatory 50 hours.
• Probation: Up to one year of probation (jail and probation combined cannot exceed one year).
• Vessel Impoundment/Immobilization: Mandatory 10 days.
• Boating Safety Course: Mandatory completion.
• Substance Abuse Evaluation & Treatment: Mandatory evaluation and completion of any recommended education or treatment programs.

Each subsequent offense brings harsher penalties. Additionally, a BUI conviction in Florida leads to a permanent criminal record, significantly limiting future employment, professional licenses (potentially leading to revocation), housing, and educational opportunities. 

It also results in skyrocketing boating and potentially auto insurance rates, brings severe immigration consequences including deportation for non-U.S. citizens, and carries a significant social stigma. Furthermore, a BUI conviction counts as a prior for future DUIs, leading to enhanced penalties, and almost invariably runs parallel with civil lawsuits from victims.

Administrative Consequences and Boating Privileges

While a BUI conviction does not directly suspend your driver's license, it carries distinct administrative penalties related to your ability to operate a vessel.

• Vessel Operating Privilege Suspension: The court may suspend your privilege to operate a vessel for a period ranging from 6 months (first offense) to permanently (for multiple serious offenses).
• Refusal to Submit to Test (F.S. § 327.352): As noted, refusing a chemical test incurs a $500 civil fine. Failure to pay this fine results in a suspension of vessel operating privileges until the fine is paid. For a second or subsequent refusal, the civil penalty increases, and you may be charged with a First-Degree Misdemeanor if you operate a vessel after such a refusal without paying the fine.

Navigating the Sarasota Legal System with Law Offices of Eric Reisinger, PA

Our process begins with a meticulous review of your case details to ensure no procedural violations occurred during your BUI arrest. Thanks to our local expertise, we effectively negotiate with prosecutors or advocate for you in court. Communication is key; we keep you informed of your rights and options, aiming for the best possible outcome, whether through dismissal, reduced charges, or a fair trial.

We understand that every client’s situation is unique, which is why we offer tailored defense strategies that reflect the specifics of your case. Our familiarity with Sarasota’s court procedures allows us to prepare diligently, addressing the multifaceted nature of BUI cases which often include eyewitness testimonies, breathalyzer results, and enforcement techniques unique to maritime contexts

Why Choose a BUI Lawyer in Sarasota

At Law Offices of Eric Reisinger, PA, our commitment to personalized and effective legal representation is what distinguishes our services. Sarasota’s waterways and legal environment require a nuanced defense strategy. Leveraging our local knowledge and extensive litigation experience, particularly Attorney Reisinger's unique insights as a former prosecutor, we aim to protect your freedom and reputation.

Choosing Law Offices of Eric Reisinger, PA ensures access to an attorney who understands both the local cultural nuances associated with Sarasota’s boating community and the specific legal pitfalls one might encounter. We prioritize a client-centered approach, actively involving you in your defense strategy and ensuring transparent communication throughout the legal process.

Take Action Today with Law Offices of Eric Reisinger, PA

Confronting a BUI charge can feel overwhelming, but you don’t have to navigate it alone. By reaching out to Law Offices of Eric Reisinger, PA, you gain a dedicated ally ready to defend your rights. 

Call us at (941) 541-5335 or reach out online to schedule a comprehensive consultation. You’ll benefit from our insightful guidance, relieving stress and empowering you with clear options.