Clearwater Boating Under the Influence Lawyer
Defending Against BUI Charges in Pinellas County and the Tampa Bay Area
Boating is a popular activity in Clearwater and throughout the Tampa Bay area, but operating a boat while impaired can lead to serious legal consequences. A boating under the influence (BUI) charge carries similar penalties to a DUI and can result in fines, jail time, and even felony charges under Florida law. If you have been arrested for BUI, you need a skilled criminal defense attorney to protect your rights and fight for the best possible outcome.
At Hersem Law, we serve clients in Pinellas County, Hillsborough County, Pasco County, and beyond. Whether you are facing your first BUI conviction or a third BUI conviction, we will help you navigate the legal system and build a strong defense.
Understanding Boating Under the Influence Charges
According to Florida statute, boating under the influence occurs when a boat operator has a blood alcohol concentration of 0.08% or higher or is impaired by drugs or alcohol to the extent that their normal faculties are affected. A law enforcement officer may conduct field sobriety tests and chemical tests, such as a breath test or blood test, to determine impairment.
Law enforcement agencies, including the United States Coast Guard and local police, routinely patrol Florida waterways, especially in high-traffic areas like the Tampa Bay area and Petersburg boating zones. If a law enforcement officer suspects impairment, they can stop and investigate any boat operator.
Penalties for a BUI Conviction
A BUI conviction can lead to serious penalties, including:
- First BUI conviction – Up to six months in jail, fines, and community service
- Second conviction – Up to nine months in jail and increased fines
- Third conviction within ten years – Classified as a third degree felony, punishable by up to five years in prison and a substantial monetary fine
Additional penalties apply if the BUI offense involves a boating accident that results in property damage, bodily injury, or boating deaths. In cases of BUI manslaughter, the charges can be classified as a second degree felony or even a first degree felony, depending on the circumstances.
A BUI offense may also result in a license suspension, even though it does not involve a motor vehicle. Additionally, a conviction can impact your criminal record, making future legal issues more severe.
Defending Against a Boating Under the Influence Charge
A strong defense strategy is crucial to fighting BUI charges. Some potential defense tactics include:
- Challenging the validity of field sobriety test results on the water
- Questioning whether law enforcement followed proper procedures in the BUI investigation
- Raising reasonable doubt about the accuracy of breath alcohol concentration or blood alcohol level results
- Proving the boat operator was not in actual physical control of the vessel
A skilled defense lawyer will review the evidence and identify weaknesses in the prosecution’s case to work toward reduced penalties or case dismissal.
Additional Factors That Can Increase BUI Penalties
Certain factors can elevate a BUI charge to a more serious offense, including:
- A prior conviction for BUI or DUI
- A minor present on the vessel at the time of the BUI arrest
- A breath alcohol level of 0.15% or higher
- Serious bodily injury or death caused by the accident
Enhanced penalties may include higher fines, an extended jail sentence, and the requirement of a substance abuse evaluation or ignition interlock device for repeat offenders.
Why You Need a Clearwater BUI Defense Lawyer
Navigating a BUI case without an experienced criminal defense attorney can lead to severe consequences. At Hersem Law, we understand Florida statute section laws regarding BUI offenses and can provide aggressive representation. Our team has extensive experience handling BUI cases in Pinellas County, New Port Richey, and Port Richey.
We help clients by:
- Challenging breathalyzer test and chemical substance test results
- Representing them in court and before the presiding judge
- Negotiating to have charges reduced or dismissed
- Protecting their rights throughout the legal process
Schedule a Free Consultation Today
If you are facing a boating under the influence charge in Clearwater or the surrounding areas, contact Hersem Law for legal guidance. A skilled Clearwater Boating Under the Influence Lawyer can help you understand your options and build a strong defense. Call 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule a free consultation. Let us help you fight your BUI charges and protect your future.
FAQs About Boating Under the Influence in Clearwater
1. How is BUI different from DUI?
While both offenses involve impairment, BUI laws apply specifically to operating a boat, and enforcement differs because watercraft are not subject to the same traffic laws as motor vehicles.
2. Can I refuse a breath test during a BUI arrest?
Yes, but refusal may result in increased penalties and could be used against you in court.
3. What are the penalties for a third BUI conviction?
A third BUI conviction within ten years is classified as a third degree felony charge and can result in up to five years in prison, large fines, and long-term restrictions on boating privileges.
4. Will a BUI conviction affect my driving privileges?
In some cases, a BUI conviction can result in a license suspension, even though it does not involve a motor vehicle.
5. How can a defense lawyer help fight a BUI charge?
An experienced attorney can challenge the evidence, question law enforcement procedures, and seek to have charges reduced or dismissed.
