Personally, I find driving a boat quite challenging, so I am not tempted to drink alcohol when I’m doing it. However, when I’m not driving, it seems like great way to spend the day – floating along and having an adult beverage. Unfortunately, a lot of people seem to “push the envelope” and drink and drive a boat. This is not a good idea, since it is dangerous and the consequences are monumental.

Law enforcement determine whether you are driving under the influence is a manner similar to when you are driving a car. They check to see if you are able to perform normal functions, like your ability to talk and walk, and they may have observed how you operated your boat.

Florida’s BUI Statutes authorize the prosecution to prove the boat operator’s guilty by submitting evidence of a chemical test taken from the defendant. Law enforcement may take a breath sample or blood test to prove that the boat operator is under the influence. To be found guilty of operating a boat under the influence, the sample must contain 0.08 grams or more of alcohol per every 100 milliliters of blood. Similarly, the defendant may be guilty if their breath test shows a level of 0.08 grams of alcohol or more for every 210 liters of breath.

Florida law also imposes harsher or “enhanced” penalties against boaters with chemical test results that reach a BAC of 0.15 or higher. Enhanced penalties may also be imposed if the operator of the boat was boating under the influence and had a passenger onboard 18 years of age or younger. If found guilty, the defendant could be sentenced to up to nine months for a first conviction and a one-year jail sentence for a second conviction. Additionally, the court could impose a legal fine of between $1,000.00 and $2,000.00 for a first offense and $2,000.00 to $4,000.00 for a second offense, but no less than $4,000.00 for any subsequent offenses.

A first-time BUI conviction carries a jail sentence of up to six months and a fine of $500.00 to $1,000.00.

A second BUI conviction could result in up to nine months in jail and a fine of between $1,000.00 and $2,000.00.

A third BUI conviction may be charged as a third-degree felony in the state of Florida. When the previous offense falls outside the ten-year lookback window, a conviction for a third BUI shall be punished as if a second offense, except that the range of fines the judge can impose falls between $2,000.00 and $5,000.00. A fourth and subsequent conviction is a third-degree felony irrespective of when the previous conviction occurred.

If you have been arrested for driving a boat or a car while under the influence, you should call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.