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… Continue reading
Florida is full of opportunities to take to the beaches, and spend time on the water. Many times this includes driving a boat or other watercraft, and often times alcohol is involved when people gather to participate in these types of recreational activities. So it is only natural to wonder if you can get “pulled over” for boating under the influence and if so, if this type of case is similar to a DUI case. While some of the elements of a DUI are also present in a BUI (boating under the influence), there are some differences that you need to know if your plans involve water related activities.
The BUI statute defines a BUI as an incident where a boat or watercraft is being operated by a person with a blood alcohol content of 0.08% or more. This is the same legal limit that… Continue reading
In Florida it is just as likely to be charged with an alcohol related offense while on the water, as it is while driving. The difference is that when a person is pulled over and charged with driving while under the influence, the charge is a DUI. But if you are caught operating a boat while intoxicated, the charge is a BUI. Aside from this difference, there are other key distinctions between the two types of cases that are good to know.
A BUI is different from a DUI in the following three important ways:
- The Coast Guard may stop a boat, and may even board the vessel, for virtually any safety related reason. This could be for the stated purpose of making sure there are enough life vests on board for every passenger, or for any other reason that relates to water… Continue reading
06The summer brings out tourists and boaters to the state’s waterways. What some people don’t know is that they can be charged with driving while intoxicated even if what they are driving is a boat. The offense is serious and the fines are high. If you are charged with boating while under the influence call an experienced criminal defense attorney for help.
The laws that make boating while under the influence are harsh, and the penalties can be severe. The law makes operating a boat while drinking a crime under the following circumstances:
● A boat is being operated in the state while the driver is under the influence of drugs or alcohol.
● The legal limit (BAC) is 0.08%.
A first time conviction carries a fine of between $500.00 and $1,000.00. and double that range for second timers. A BUI bears some resemblance… Continue reading