Tampa Boating Under the Influence Lawyer
Skilled Legal Defense for BUI Charges in Tampa Bay
Florida’s waterways are a major attraction for residents and tourists alike, but operating a boat while impaired can lead to severe legal consequences. Boating under the influence (BUI) is a serious offense under Florida law, with penalties that can rival those of a DUI. If you are facing BUI charges in Hillsborough County or the Tampa Bay area, you need an experienced Tampa BUI attorney to protect your rights and fight for your future.
At Hersem Law, our Tampa BUI defense lawyers understand the complexities of BUI cases and the tactics used by law enforcement officials and law enforcement agencies to secure arrests. We are committed to providing aggressive defense strategies tailored to your case.
Understanding Boating Under the Influence (BUI) in Florida
Under Florida statute, boating under the influence occurs when a boat operator is impaired by alcohol or drugs and unable to exercise their normal faculties, or when their blood alcohol concentration (BAC) is 0.08% or higher. BUI laws apply to all vessels, including motorboats, sailboats, and jet skis.
Common BUI Arrest Scenarios
Law enforcement officers, including the Hillsborough County Sheriff’s Office, Florida Fish and Wildlife Conservation Commission, and the Coast Guard, regularly patrol Florida’s waters. They conduct safety boat inspections and assess whether boat operators are in control of their vessels.
An officer may suspect boating under the influence if they observe:
- Careless boating or erratic operation of a vessel
- Failure to comply with boating safety equipment requirements
- Slurred speech or difficulty maintaining actual physical control of the boat
- Failing field sobriety tests administered onshore or on a patrol boat
Refusing a blood alcohol level or implied consent test can result in additional penalties.
Penalties for a BUI Conviction in Florida
The penalties for a BUI conviction depend on whether it is a first BUI conviction, second BUI conviction, or third BUI offense.
First BUI Conviction (Misdemeanor)
A first-degree misdemeanor BUI may lead to:
- Up to six months in jail
- Fines between $500 and $1,000
- Community service (minimum 50 hours)
- Mandatory substance abuse course
Second BUI Conviction
A second BUI conviction carries:
- Up to nine months in jail
- Fines between $1,000 and $2,000
- Mandatory substance abuse treatment
Third BUI Conviction & Subsequent Convictions
A third BUI conviction within 10 years is a third-degree felony, punishable by:
- Up to five years in prison
- A fine up to $5,000
- A permanent criminal record
- Loss of boating privileges
A third or subsequent conviction outside the 10-year window is still a first-degree misdemeanor, but penalties increase significantly.
Enhanced Penalties for Aggravated BUI Cases
If your BUI charges involve property damage, serious bodily injury, or fatalities, penalties increase. A BUI accident causing serious bodily injury is a third-degree felony, while BUI resulting in a fatality (BUI manslaughter) is treated as a second-degree felony with a potential jail sentence of 15 years.
How Our Tampa BUI Defense Lawyers Can Help
Our Tampa BUI lawyer team fights aggressively to challenge BUI charges. Some possible defenses include:
- Challenging the accuracy of blood alcohol concentration tests
- Questioning the legality of the BUI arrest
- Disputing the results of field sobriety tests conducted on unstable boat decks
- Proving that the accused was not in actual physical control of the vessel
With an experienced criminal defense attorney on your side, you improve your chances of reduced or dismissed charges.
Schedule a Free Consultation Today
If you are facing BUI charges, don’t leave your future to chance. A knowledgeable Tampa Boating Under the Influence Lawyer at Hersem Law can help you understand your rights and build a strong defense. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule a free consultation. You can also reach us anytime through our contact page. Let us help you navigate Florida’s criminal law system and fight for the best possible outcome.
FAQs About Boating Under the Influence in Tampa
1. Can I be charged with BUI if I wasn’t driving the boat?
Yes. Under Florida law, if you had actual physical control of the vessel, you could still be charged.
2. How does a BUI affect my driver’s license?
Unlike a DUI, a BUI conviction does not directly impact your driver’s license, but it can still have serious legal and financial consequences.
3. What happens if I refuse a breath, blood, or urine test for a BUI?
Under Florida’s implied consent law, refusing a blood alcohol level test can result in increased BUI penalties and make your case more difficult to defend.
4. What are the penalties for a third BUI conviction?
A third BUI offense within 10 years is a third-degree felony, which carries up to five years in prison and a permanent criminal record.
5. How can a Tampa BUI lawyer help me?
An influence lawyer can challenge the validity of your BUI charges, negotiate for reduced penalties, and work toward the best possible outcome in your case.
