What are the Penalties for Boating Under the Influence in Fort Lauderdale?

In Fort Lauderdale and throughout Florida, boating is a very popular pastime. With so many rivers, lakes, and coastlines, it is no surprise that Florida has more registered boats than any other state in the country. However, like when someone drives a car while impaired, operating a boat under the influence of alcohol or drugs is also against the law. Boating under the influence, also known as a BUI, is taken very seriously in Florida and those caught breaking the law face serious consequences. Below, one of our Fort Lauderdale criminal defense lawyers explains what these are.

What is Considered a BUI in Fort Lauderdale? 

Boating under the influence has a similar definition in Florida as driving under the influence. A person can be found guilty of a BUI if they operate watercraft while:

• They are in actual physical control of a vessel
• They have a blood alcohol concentration (BAC) of 0.08 percent or greater or their normal faculties are impaired by alcohol or drugs

Local law enforcement, the U.S. Coast Guard, and the Florida Fish and Wildlife Conservation Commission patrol Florida’s waterways regularly to ensure all boaters are complying with the state’s boating laws. If they suspect a boater is impaired, they may stop the vessel and investigate further. The penalties for the offense vary depending on one’s criminal history.

Penalties for First Offense BUI 

Even a first offense BUI can result in jail time in certain circumstances. The penalties for a first offense include:

• A maximum fine of $1,000
• Up to six months in jail
• 50 hours of mandatory community service
• Up to one year of probation
• Completion of a boating safety course

Penalties for Second Offense BUI

 The penalties for a second offense BUI are harsher than those associated with a first offense. They include:

• A maximum fine of $2,000
• Up to nine months in jail
• Mandatory immobilization or impoundment of the vessel for 30 days
• A mandatory minimum of ten days in jail if the offense occurs within five years of the first offense

Penalties for Third Offense BUI

 A third BUI offense can be classified as either a misdemeanor or a felony. If it occurs within ten years of a previous conviction, it is classified as a third-degree felony. Penalties are as follows:

• A maximum fine of $5,000
• Up to five years in prison
• A mandatory 30 days in jail

Penalties for Subsequent BUI Offenses

 Regardless of how much time has passed since a previous conviction, a fourth BUI offense, and subsequent offenses, are automatically classified as a third-degree felony. The penalties include a minimum fine of $2,000 and up to five years in prison.

Our Criminal Defense Lawyers in Fort Lauderdale Can Help You Avoid the Consequences 

Any conviction for a BUI will result in the above penalties, as well as a permanent criminal record. At Haber Blank, our Fort Lauderdale criminal defense lawyers can help you avoid these harsh consequences so your future is protected. Call us now at 954-767-0300 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0327/Sections/0327.35.html