Miami BUI Defense Attorneys
What a Florida Boating Under the Influence Charge Can Mean for You
Many people do not realize that "boating under the influence" (BUI) is treated with the same seriousness as driving under the influence (DUI). Despite being on the water, operating a boat while impaired by alcohol or drugs presents significant risks to the operator, passengers, and other boaters. Impairment can severely affect judgment, coordination, and reaction times, leading to reckless behavior and potentially tragic accidents. Law enforcement agencies often enforce strict penalties for BUI, including fines, loss of boating privileges, and even jail time.
Florida is known for arresting those who appear to be boating under the influence of alcohol or drugs. Our Miami BUI defense lawyers at Beckham Solis, Attorneys at Law are ready to help fight these extremely serious charges.
Contact us online or call (786) 244-8010 to discuss your BUI case with our team. We offer free initial consultations.
VICTORY BEGINS WITH BECKHAM SOLIS
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The State DROPPED the DUIAt 4:05 am, the Defendant was observed by an officer traveling eastbound on a westbound lane. The officer conducted a traffic stop and noticed the Defendant had a strong odor of an alcoholic beverage emitting from his breath, slurred speech, and bloodshot eyes. The Defendant agreed to attempt the field sobriety tests but was not able to perform these exercises to standard. The Defendant was later found to have over 90 pills in his pocket without any prescription labels. The Defendant was arrested and taken to the station, where he refused to provide any breath samples.
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The State DISMISSED the DUIAround midnight, Police were operating a checkpoint on Coral Way near 27th Avenue. The Defendant entered the checkpoint, and displayed bloodshot eyes and slurred speech. She also had difficulty balancing when she stepped out of the vehicle, and could not complete the roadside exercises safely. Police arrested the Defendant for DUI, and the Defendant later admitted to drinking wine earlier that night at a party with friends. The Defendant blew .152 and .143 into the breath machine.
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The State DROPPED the DUIAt 12:04 am, officers observed the Defendant make an improper right turn as the Defendant went into the left lane, rather than the proper right lane when she made the right turn. The Defendant was further observed as she swerved into a sidewalk, and then abruptly turned back into the driving lane, colliding into the rear of a parked vehicle. The officers went to check if she was okay, at which time they noticed the Defendant had bloodshot, watery eyes, and a strong odor of an alcoholic beverage was emanating from her breath. The Defendant agreed to perform the field sobriety exercises, but was unable to perform the exercises to standard. The Defendant was arrested, and while being transported to the station, she spontaneously stated that she had only had a few beers. The Defendant provided breath samples of .151/.149 into the breathalyzer.
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The State DROPPED the DUIAt 7:41 pm, the Defendant was observed swerving and unable to maintain his lane. The Defendant almost struck several vehicles as he would drift to the left lane and then abruptly move back to the right lane, also disregarding a stop sign. An officer conducted a traffic stop, and once he made contact with the Defendant, he noticed the Defendant had bloodshot, watery eyes, a flushed face, slurred speech, and a strong odor of an alcoholic beverage was emanating from his breath and person. When asked to step out of the vehicle, the Defendant was unable to do so without bracing on the door and leaning on the vehicle. The officer observed two 24 oz. beer cans, along with an empty glass bottle of Grand Marnier Liquor in plain view on the passenger seat. A blue plastic cup filled with an unknown beer was also found in the Defendant’s vehicle in the front cup holder. The Defendant agreed to perform the field sobriety exercises but failed to meet standards. The Defendant was placed under arrest and refused to provide a breath sample.
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The State DROPPED the DUIAt 11:55 pm, an officer observed the Defendant come to a complete stop in his westbound lane without reason as there were no stop signs, signals, or pedestrians. The Defendant stayed stopped for a moment and then continued on. The vehicle that was behind the Defendant’s vehicle flagged down the officer and told him that the Defendant had been weaving all over the road and that he was scared the Defendant would crash. The officer began to pursue the Defendant and at the green light, the Defendant made a wide left turn and entered the right lane without using his turn signals. The Defendant almost hit the cars parked on the street and violently jerked his vehicle twice. The Defendant almost struck a curb and had to abruptly swerve into the correct lane. The officer finally turned on his emergency lights to signal the Defendant to stop. The Defendant, however, only slowed down and continued driving until the officer got on his p.a. system to tell him to stop. When the Defendant finally stopped and the officer approached him, the officer noticed the Defendant had bloodshot red eyes, and a noticeable odor of an alcoholic beverage coming from his breath. The Defendant told the officer that he had a firearm in his center console. The officer asked the Defendant to step out of the vehicle, and as he did so, the Defendant lost his balance getting out of the car. The Defendant spoke with a slurred speech and did not go where he was directed, even after multiple attempts of telling him where to go, the Defendant only seemed confused. The Defendant was offered to complete the standardized field sobriety exercises which he did not perform to standards, leading to his arrest. The Defendant further refused to blow into the breathalyzer.
When Does a Florida BUI Charge Become Aggravated?
In Florida, certain circumstances can lead to aggravated BUI charges, which can significantly increase the severity of penalties faced by the offender. A BUI charge may be aggravated when the operator has an especially high blood alcohol concentration (BAC) exceeding 0.15% - almost double the legal limit of 0.08%. This elevated level indicates a greater degree of impairment and can lead to harsher punishments, including extended fines and increased jail time.
An individual may also face aggravated BUI charges if:
- He or she has a prior DUI, alcohol-related, or drug-related conviction
- His or her impairment leads to an accident that causes property damage or bodily injury, especially if the damage or injuries are serious
- Minors were on-board the boat or vessel while he or she was impaired
If you are potentially facing aggravated charges, you should not wait to reach out to our Miami BUI defense attorneys. Depending on the circumstances, we may be able to negotiate with the prosecution and secure reduced charges.
Contact Us Today for Skilled Legal Representation
If you have been arrested for BUI, we urge you to get in touch with our Miami BUI defense lawyers right away. With over 35 years of combined experience representing clients facing BUI charges, we are well-qualified to aggressively defend you. One or more effective defenses may apply to your BUI case, and our goal is to secure the best possible result.
Charged with BUI? Do not wait to call (786) 244-8010 or contact us online to schedule your free case evaluation.
hear how we made a difference
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"They went above and beyond with closing everything in a timely manner."
The staff at Beckham Solis did an amazing job handling my case. They went above and beyond with closing everything in a timely manner. They were very reasonable with pricing and very flexible with payment. Barbara was very helpful answering any questions or concerns that I had. I highly recommend these law professionals to handle any legal matters you may need resolved.
- Joel D. -
"They made a difficult situation better."Few years back I ran into some legal trouble and was recommended to Beckham Solis by a friend. I had never had to deal with any of this so, it was quite terrifying, to be honest. I walked into his office a nervous wreck, walked out confident and taken care of. Great service. Answers all calls whenever you need help and advice; they made a difficult situation better. I greatly recommend this firm the best !- Carlens E.
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"Great response rate, amazing customer service."Beckham Solis, Attorneys at Law, has always been available to answer all my questions. They offer a great response rate, amazing customer service, and a team that genuinely cares about its clients. Thank you, everyone, for everything!- Fabrizio Q.
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"Professional, attentive, and efficient."Service has been top-notch since February. Beckham Solis, Attorneys at Law, are professional, attentive, efficient, experienced, and qualified. My case was quickly resolved, and I'm very thankful. Extremely happy with the outcome and highly recommend this firm.- Carolina G.
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"Experience, expertise, and support."I worked with Beckham Solis, Attorneys at Law, for two years. Their experience, expertise, and support helped me make the best decision to save my life. I was facing serious time, but it was all adjudicated. They got me out of the worst time of my life. Th- J.D.
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"Knowledgeable, skilled professionals!"I'm so happy I found these lawyers on the Internet. I was very nervous and scared when I walked into the office, thinking a bad outcome could change my life drastically. They were able to get my case dismissed! I highly recommend Beckham Solis, Attorneys a- Leonel D.
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"Thanks to their experience and hands on attitude my case was dismissed."
I highly recommended Beckham & Solis, for a top notch professional & straight forward criminal defense representation. They are fast, on point & available at anytime. Thanks to their experience and hands on attitude my case was dismissed. It is a total life changer. Thanks so much to the whole team you are the Best!
- Luis C. -
"Top notch attorneys and staff that are fully committed."
Top notch attorneys and staff that are fully committed to walking you through every step of the legal process. I would recommend this legal powerhouse to anyone who is seriously looking to challenge their case and expecting a positive outcome. Thank you for everything Beckham and Solis!!
- Steve B.
STAY IN THE KNOW
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Miami’s breakup with spring break and its DUI crackdown
Potential Defense Strategies for Florida BUI Charges
No two BUI cases are alike. Pursuing the right defense requires a careful examination of the circumstances surrounding the incident is crucial. Our team at Beckham Solis, Attorneys at Law is prepared to thoroughly investigate every facet of your situation to determine the best available defense strategy.
Some of these defense strategies may involve:
- Challenging the traffic stop. If the law enforcement officer did not have reasonable suspicion or probable cause for stopping your boat or vessel, any evidence obtained during the stop, including breathalyzer results, may be inadmissible in court.
- Asserting the inaccuracy of sobriety tests. Field sobriety tests, often employed to assess impairment, can be subjective and influenced by various factors unrelated to intoxication, such as environmental conditions or medical conditions. We may argue that the officer did not properly administer the tests, that you had physical limitations affecting test performance, or that the tests themselves are not a reliable indicator of impairment.
- Disputing BAC results. Breath and blood tests are not infallible. Factors such as calibration errors, improper handling of samples, and physiological variables (like certain medical conditions) can all affect results.
- Establishing mistake of fact. If you were not aware that you were operating a vessel under the influence, demonstrating a lack of intent or knowledge regarding your impairment can lead to reduced or dismissed charges in some cases. For example, you may have consumed a substance you believed was not impairing, such as a prescription medication, before operating your vessel.
- Arguing you experienced rising blood alcohol. This defense posits that your BAC was actually below the legal limit at the time of operation but rose above it by the time law enforcement administered the test. Expert testimony may be needed to support this claim by showing that alcohol absorption takes time.
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The penalties for boating under the influence on a first conviction can include:
- Fines ranging between $500 and $1,000
- Up to six months in jail
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For a second BUI conviction, the penalties can include:
- Fines ranging between $1,000 and $2,000
- Up to nine months in jail
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For a third BUI conviction within ten years of a prior conviction, the individual is guilty of committing a third-degree felony
- Fines ranging between $2,000 and $5,000
- Up to five years of incarceration
Florida’s BUI Laws Can Be Hard to Understand. We Can Explain.
In Florida, BUI is covered under Section 327.35 of the Florida Statutes. Under §327.35,
a person is guilty of BUI when he or she operates a vessel within the state and is
under the influence of alcoholic beverages, any chemical substance set forth in §877.111,
or any controlled substance covered under chapter 893, when affected to the extent
that their normal faculties are impaired, or when their blood alcohol content is
.08% or greater.
Why Partner with Beckham Solis, Attorneys at Law?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
