Drinking and driving is not reserved only for driving a car. There can be cases where a defendant is arrested and charged with boating and driving. This is a common type of case in Florida, where there are plenty of spots to hit the water, so it is important to understand the charges. There are some similarities between a DUI and a BWI, but there are also some factors that are unique only to BWI that might help with your defense.
Some of the typical defense that are raised in DUI cases have to do with the breath test results, such as challenging the way the test was administered or showing that there was another substance in the driver’s system that gave off a false positive. A BWI has unique factors that might lead an officer to believe you have been boating and drinking, such as:
- Having spent too much time in the sun, which can affect your body’s physical properties.
- Not drinking enough water while out in the sun, which can lead to dehydration.
- Being a novice boater, which might mean you are driving erratically.
- Choppy waters, which can lead to becoming sea sick.
If you are facing a drinking while boating charge, let us help. The type of defense you use could be similar to a DUI case, but with additional evidence needed. Our team of experienced DUI and BWI defense attorneys knows how to develop a defense for this special type of case that will fit the facts of your case. The possible punishments for BWI are not as harsh as those that accompany a DUI, but can still be disruptive to your life. You can also take steps before going out on a boat, like designating a driver. The risks of danger are high when water is involved without involving alcohol, but if drinking is part of your boating experience it may just pay off to have someone else take the wheel. Even so, we understand not all plans go as predicted, and are here to help you if you have been charged with drinking while boating.
If you have questions about BUI and DUI defense, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.