Boating Under The Influence

Commercial boating activity is also extensive. Fishing charters, cruises, shipping, and military vessels are all commonplace within these waterways. Therefore, it’s important for boat operators to be aware of the dangers BUI poses. Boating under the influence (“BUI”) in Florida and California brings substantial penalties for all offenders. In order to avoid these penalties, let’s briefly review the statutes and whom to contact if you need representation for BUI in California and Florida.

BUI in California

The California Harbors and Navigation Code 655 covers boating under the influence in California. Operating any type of water vessel including boats, ships, personal watercraft, and jet skis while under the influence of alcohol or narcotics is prohibited under this Code.

To be considered under the influence while operating a private vessel, a blood alcohol concentration (“BAC”) of 0.08 or higher must be recorded either through a breath or blood test.

While persons over the age of 21 are allowed to possess open containers of alcohol on boats, consumption of substances while directly operating the vessel is prohibited. Depending on the circumstances of the citation, first-time penalties may include up to a year of jail time, and fines ranging from a minimum of $250, to not more than $1000, plus court fees and costs related to drug and alcohol education courses.

You may also face imprisonment up to 6 months, and suspension of your boating privilege.

In addition, you may accrue points on your driver’s license and be subject to expenses or civil suits related to damage to others’ property or injuries as a result of the infraction.

Please note these penalties are always subject to updates; to keep abreast of the latest California Statutes related to BUI offenses in Orange County, contact an experienced attorney like Halley J. Peters at HJP Legal.

BUI in Florida

Section 327.35 of Florida’s Statutes cover boating under the influence in Florida. The minimum penalties for those persons operating a boat or watercraft and found to have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 grams per 210 liters of breath for first-time and second-time offenders may include:

• A fine not less than $500, or more than $1000 for a first conviction.
• A fine not less than $1000, or more than $2000 for a second conviction.
• Imprisonment for not more than 6 months for a first conviction.
• Imprisonment for not more than 9 months for a second conviction.

Third-time violations within 10 years of a prior conviction(s) may face a felony in the third degree. Penalties may include longer incarceration, higher fines, and seizure of the vessel(s) involved.

If you have been cited or arrested for BUI in Florida, you need an experienced attorney to evaluate your case. Halley J. Peters at HJP Legal has a background of 10+ years defending clients in Miami and South Florida.

Ms. Peters is licensed in Florida and California; she graduated magna cum laude from University of Miami Law School in 2011, and with distinction from the University of Michigan in 2008. Passionate for criminal justice, she is dedicated to ensuring those alleged to have violated Florida boating under the influence laws receive the best outcome legally and personally.

BUI Defense in California and Florida

Experienced criminal defense attorneys make their living on the mistakes made by police during the citation and arrest processes. Lab employees aren’t perfect either. There are instances where chemical and breath tests may yield inaccurate results when measuring blood alcohol concentration.

Testing machines need frequent calibration and certification to ensure they operate within specifications. Law enforcement officers and laboratory technicians may be inadequately trained or lag on certain metrics. Officers may face significant hurdles in court when justifying the probable cause they used when making contact with you and citing you for your BUI.

All of these facts work in your favor in the courtroom, provided you have the best BUI attorney. From coast to coast, wherever you boat – attorney Halley J. Peters is here for you.

Remember that with Halley, no concern is too small.