Naples BUI Lawyer

Naples BUI Attorney

Boating under the influence may seem harmless, but if you are charged with a BUI offense, you may be facing serious consequences. It is important to take action immediately, with your first step being to contact a Naples BUI lawyer who has experience in handling similar cases. A lawyer can help you navigate the legal complexities of your case while also gathering essential evidence, communicating with other legal personnel, and more.

Florida Boating Laws

Florida is a state with practically unlimited access to recreational water activities. Because of this, there are many laws and regulations in place regarding who can operate watercraft, where boats are allowed to go, and more. The basic laws for those operating boats in Florida are as follows:

• Responsible Operation: Boat operators are expected to conduct themselves and their vessels in a respectable manner. Disregarding the safety of others and their property can result in misdemeanor charges.
• Speed Restrictions: All vessels must operate according to posted legal speed limits. It is important to understand how to read signs that indicate boating speed before operating your boat.
• Boating Under the Influence: It is illegal to operate a boat while under the influence of alcohol or drugs.

What Is Considered a BUI in Florida?

In Florida, the details concerning boating while under the influence are similar to those of driving while under the influence. To be convicted as guilty of such an offense, the following statements must be true:

• The operator of the boat must have a blood alcohol concentration of 0.08% or higher.
• The operator of the boat must exhibit impaired physical and mental abilities as a result of a controlled substance.

There have been many cases in which a person who was intoxicated while aboard a boat was incorrectly identified as the operator. If this is your case, it is important to find a lawyer who has handled similar cases. They can gather evidence that may be essential in proving your innocence. In other cases, a defense lawyer may be able to negotiate with other legal personnel to decrease the severity of your penalties.

Defense Strategies

A BUI offense must be approached with a strategic plan because penalties can range from fines to jail time. The defense approach your lawyer takes will depend on the specific circumstances of your case, but it may include challenging the results of the breathalyzer test or offering other explanations, such as medical conditions, for why you appeared to be intoxicated.

The presence of prior offenses on your criminal record can have a serious impact on the outcome of your case, which is another reason why having an attorney is important. An attorney can predict the hardships you may face in having your charges dropped and the severity of your penalties while formulating an appropriate defense strategy.

FAQs

How Are BUI Offenses Defined?

Boating while under the influence is an offense that refers not only to boats but also to any type of watercraft and vessels, including jet skis, paddle boats, kayaks, and more. Similar to DUI charges, a BUI charge can lead to an arrest if your blood alcohol concentration is high enough. Law enforcement may legally stop any boat that they believe to be operated by someone who is under the influence and request the operator to take a sobriety test.

What Are the Penalties for Receiving a BUI Conviction?

The penalties a person receives for a BUI conviction may vary from case to case. The amount of alcohol a person has in their system and the presence or absence of prior convictions may also affect the penalties they receive. Additional factors that are often considered are whether or not minors were aboard, whether the operator caused property damage in any way, and more. Regardless, a BUI offense can result in serious legal consequences.

Can There Be Two Boat Operators?

Sometimes, it can be difficult to determine who is acting as the operator of a boat, especially for law enforcement. This is an important detail to determine if you are facing a BUI charge. If you have been wrongfully charged with being under the influence while operating a boat, it can be helpful to hire an attorney who has experience with similar cases. They may be able to find details that may be essential evidence in your case.

Do I Need a Boating License in Florida?

Whether you need a boating license in Florida or not depends on what type of boat you are operating. To operate a motorboat of ten horsepower or higher, you will need a license if you were born after 1987. Such licensing requires the completion of a boating safety course. Upon completing the course successfully, you will also be issued a Boating Safety Education Identification Card, which acts as the boating license that is required in Florida.

How Can I Obtain a Boating License?

Boating licenses are simple to obtain upon completion of the appropriate course. In Naples, Florida, there are many options for taking a boating safety course that is legally recognized by the state. Naples School of Boating is one example located at 6122 Star Grass Lane, Naples, Florida 34116. Additionally, you can visit the Florida Fish and Wildlife Conservation Commission website for other available courses.

Law Office of Donald P. Day

Facing a charge for operating a boat while under the influence can result in serious consequences. While it may seem trivial, such a conviction can have equally as drastic effects as a DUI charge. It is imperative to take every measure possible to have your charges dropped or decreased because a conviction could carry long-term consequences.

At the Law Office of Donald P. Day, we have handled many cases involving BUI charges. We understand the complexities of gathering exactly the right evidence and handling your case in such a way as to obtain a favorable outcome on your behalf when possible. If you have any questions concerning your case, contact the Law Office of Donald P. Day today to learn more about how we can help. We are here to assist you in any way that we can.