CHARGED WITH BOATING UNDER THE
INFLUENCE?
BUI ARREST IN
SEMINOLE COUNTY
The abundant waterways in Florida offer
many opportunities to enjoy fishing,
waterskiing, and boating and other
watersports. Operating a motorcraft
requires responsibilities similar to
operating a motor vehicle but there are
important differences. While it is legal
to consume alcohol while operating a
water vessel, it is illegal to operate a
water vessel while under the influence
of alcohol. You can be convicted of
Boating Under the Influence - BUI - if
you are under the influence of alcoholic
beverages or a chemical or controlled
substance to the extent that your normal
faculties are impaired or if you are
proven to have a blood or breath-alcohol
level of 0.08% or higher.
A police officer, deputy, or wildlife
officer can stop a water vessel if
operator is operating the vessel
erratically, recklessly, or carelessly.
The operator can be arrested on
suspicion of BUI. As with a charge of
DUI, there are multiple defenses that
can be argued by an experienced Seminole
County DUI / BUI attorney.
The vessel being operated during the BUI
arrest is subject to vehicle
impoundment, even if the owner is not
the person charge with BUI. A Seminole
County DUI / BUI attorney can help in
the process of retrieving the vessel.
The implied consent for breath and urine
tests after arrest for BUI differes from
that of Driving Under the Influence in
that there is no loss of license. If the
arrest was legal, a $500 fine is
imposed. A previous refusal to submit to
testing can increase the penalty but the
operator's license is not suspended.
Blood tests can only be required if
there is injury involved or if breath or
urine tests are not feasible.
SEMINOLE COUNTY DUI ATTORNEY
As in DUI, there may be grounds to
challenge the results of breath, urine,
or blood tests. It is important to
consult with a Seminole County DUI
attorney who has experience with Boating
Under the Influence cases and can
aggressively protect your rights and
help you attain the best possible
outcome.
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