Boozing & Boating Don’t Mix!
Michael Babboni
Personal Injury
Do you imagine yourself sailing the high seas with a cold frosty mug of beer, or a crisp fruity chardonnay, perhaps? Well, stop. Because boozing and boating is not only a bad idea – it’s illegal.The law is known as “BUI.” A vessel operator suspected of “boating under the influence” must submit to sobriety tests and a physical or chemical test to determine blood or breath-alcohol content. Vessel operators are presumed to be under the influence if their blood or breath-alcohol level is at or above .08 on the breathalyzer test. However, A blood alcohol concentration of 0.05 to 0.08 also may also indicate a person is "under the influence" if there is other competent evidence, like visual signs of intoxication, or even the smell.
Florida law prohibits anyone from operating any vessel or using water skis, a sailboard, or similar device while intoxicated due to alcohol or any combination of alcohol, controlled substances, or drugs.
When you operate a vessel on Florida waters, you consent to be tested for the presence of alcohol, drugs, or other intoxicating substances if requested by law enforcement. Refusal to submit to testing is punishable by a civil penalty of $500, with criminal implications if you have ever been fined for a previous refusal.
Important to note that drinking alcohol and then driving a boat is not illegal. The crime of BUI is committed only when the driver has consumed enough alcohol to be in excess of the legal limit of 0.08 or when the driver's normal faculties are impaired due to alcohol intoxication.
Since 1988, boating under the influence also became a specific federal offense. The Coast Guard is tasked with enforcing that federal law; arrests made off the U.S. shorelines of Florida are under the jurisdiction of federal authorities.
Arrests for BUI closer to the shore, or on other bodies of water within Florida, are typically made by Florida law enforcement officers and are prosecuted in Florida state courts.
Those charged with BUI in Florida, under either state or federal law, face serious punishments and minimum mandatory sentences such as: jail time, probation, fines, boat impoundment and forfeiture, community service, alcohol treatment, and the loss of your driver's and boating license.
When looking for the perfect personal injury attorney, look no further than Shapiro, Goldman, Babboni, Fernandez & Walsh. Our unrivaled experience will get you results. It would be our pleasure to review your case for free – just email us at lawyers@justicepays.com.