What is considered boating under the influence (BUI) in Florida?

Under Florida law, you can be charged with BUI for operating a vessel if your blood alcohol or breath alcohol level exceeds 0.08 or if your normal faculties are determined to be impaired by alcohol consumption, even if your BAC is below this threshold. For boat captains under age 21, a zero tolerance rule applies, allowing for charges to be filed for blood or breath alcohol levels as low as 0.02. To be charged with BUI, you must be in actual physical control of the boat rather than being merely a passenger who happens to be onboard the vessel.

What is the penalty for a BUI in Florida?

BUI charges in Florida are punishable by significant fines and prison time, with factors such as repeat offenses and serious accidents exposing defendants to harsher penalties. The maximum penalty for a first BUI offense that does not cause injury or damage amounts to a prison term of six months or less and a fine between $500 and $1,000. For causing a deadly boating accident while operating the vessel under the influence, you could be charged with a first-degree or second-degree felony offense of BUI manslaughter—resulting in up to $10,000 in fines and prison terms of up to 15 years for a second-degree offense or 30 years for a first-degree offense. These penalties are harsh, but with proper legal guidance, you may be able to get charges dropped or dismissed, put up a strong defense in court, negotiate for lesser charges, or advocate effectively for lighter sentences.

How does a BUI conviction affect defendants in Florida?

Besides the impact of fines, potential jail time, and probation, being convicted of boating under the influence can impact you in other ways that are worth noting. Your boating license may be suspended, which is particularly devastating when you use your boat for work or transportation instead of simply recreation. You may have to pay higher insurance premiums in addition to fines and other financial penalties you face. Having a criminal record can impact your personal and professional opportunities and reputation, especially when prospective employers, professional licensing agencies, landlords, lenders, and others conduct background checks on you.

Can you face criminal charges for reckless operation of a jet ski?

Jet skis and other personal watercraft must be operated with appropriate caution and in compliance with navigation laws, just as boats must. If you are accused of operating your jet ski with wanton disregard for safety or in a manner that injures or endangers other people or property, you can be criminally charged with reckless operation. Through a strong defense, it may be possible to get this charge downgraded to careless operation of a vessel—a noncriminal infraction—or to otherwise minimize the consequences of this charge on your life.

West Palm Beach BUI Lawyer | Reckless Operation of a Jet Ski Attorney in West Palm Beach, FL

Reckless Operation of a Jet Ski Attorney in West Palm Beach, FL Specializing in BUI Defense in Palm Beach County, Broward County, Martin County, and Throughout South Florida

In West Palm Beach, known for its beautiful waterways, all types of boats travel the canals and the Intracoastal Waterway. Offenses like having too much to drink while captaining a boat or operating a jet ski without sufficient caution could leave you facing legal trouble. When you need a dedicated West Palm Beach BUI lawyer to intervene in your legal issues and put up a strong defense, you need BD Law.

Led by former prosecutor and experienced defense attorney Brandon Dinetz, our firm’s extensive knowledge of the law and local legal system and our dedication to our clients sets us apart. We recognize the challenges involved in defending against boating under the influence charges and other boating-related violations, and we know it takes diligent case preparation to defend successfully against these accusations. To get started with a free case review, contact us today.

Boating-Related Offenses in West Palm Beach, FL

Boating is one of the favorite pastimes of both locals and tourists in South Florida, but it isn’t always smooth sailing. Accusations of operating the vehicle while dangerously impaired by alcohol or in a reckless manner can result in criminal charges and serious legal consequences.

Boating Under the Influence

Just as it’s illegal to operate a motor vehicle on Florida roads while impaired by drugs or alcohol, it’s also against the law to operate a boat while impaired. Boating under the influence (BUI) is established as a criminal violation under Section 327.35 of Florida Statutes.

BUI can constitute a misdemeanor or felony offense, depending on whether the accused has a history of prior offenses and whether the instance of impaired boating led to any serious injury or death.

Even the least severe BUI charges carry the potential for a prison term of up to six months for a first conviction. You could also be fined $500 to $1,000. For a second offense, you can be charged $1,000 to $2,000 and sentenced to up to 9 months in prison. If you have numerous prior convictions, you’re facing thousands of dollars in fines and potentially a prison term of up to five years.

If you cause or contribute to an accident while operating a boat under the influence, you’re in more severe legal trouble. Even for a first offense that causes only property damage, you may be facing up to a year in prison. BUI causing serious bodily injuries can lead to felony charges and, potentially, to up to five years in prison and $5,000 in fines. Contributing to a deadly boating accident can result in charges of BUI manslaughter, a felony that could lead to lengthy prison sentences.

Additionally, you may face enhanced penalties if you are accused of operating a boat with a particularly high level of blood alcohol or breath alcohol (amounting to 0.15 or higher) or if you were accompanied on the vessel by a minor (under age 18) at the time of the violation.

In addition to jail time and fines, those convicted of a BUI offense in Florida can be placed on probation, sentenced to court-ordered community service, and have their vessel impounded. For a second offense occurring within five years or a third or subsequent offense occurring within 10 years, mandatory minimum prison sentences apply.

With your freedom, heavy financial penalties, and your boat on the line—not to mention the long-term impact of having a criminal record—BUI charges are much more serious than many people initially realize. Having a knowledgeable West Palm Beach BUI lawyer on your side can support your defense and help you pursue an outcome that prioritizes your best interests.

Careless and Reckless Operation of a Vessel Charges

Unsafe conduct while operating a boat or any vessel is illegal under Florida law even if you aren’t impaired by alcohol consumption. Section 327.33 of Florida Statutes establishes the offense of reckless or careless operation of a vessel.

Vessels regulated under state law include:

Yachts
Fishing boats
Pontoon boats
Sailboats
Cabin cruisers
Cruise ships
Jet skis
Personal watercraft (PWC) of all kinds

Under state law, you have a duty to operate a boat or vessel of any kind “in a reasonable and prudent manner,” which means:

Complying with all navigation rules
Complying with speed and wake restrictions
Paying attention to the movements of other waterborne traffic
Avoiding dangerous behaviors such as overcrowding a vessel or operating it with excessive speed
Otherwise taking care to avoid endangering other people and property

Careless operation of a vessel is classified as a noncriminal violation (defined under Section 775.08 of Florida Statutes), but certain offenses constitute more serious criminal violations.

When careless operation of a vehicle does not constitute reckless boating but still contributes to an accident that results in serious bodily injury or death, it constitutes a second-degree misdemeanor offense. You could be fined up to $500 and sentenced to up to 60 days in prison.

Reckless operation of a vessel is a more severe violation that constitutes a criminal offense. Operating a vessel in a reckless manner can mean:

Operating the vessel with willful or wanton disregard for the safety of people or property
Maneuvering the boat at a speed or in a manner that endangers others’ safety
Injuring a person through reckless operation of the vessel

Reckless boating is a first-degree misdemeanor crime, which allows for fines of up to $1,000 and a prison term of up to one year.

A recreational boating mishap that leads to reckless operation charges can put your future and your freedom at risk, but you don’t have to face the daunting legal process alone. Having a reckless operation of a jet ski attorney in West Palm Beach, FL, on your side can help you minimize the consequences of this situation.

How To Beat a BUI in Florida

To convict you of BUI or reckless operation of a boat or jet ski, the prosecutor must prove all aspects of these offenses beyond a reasonable doubt. You can defend against these charges through various strategies, including:

Challenging the accuracy of breathalyzer and sobriety test results
Highlighting improper procedures or inconsistencies in law enforcement officer testimony
Seeking to suppress any evidence obtained through unlawful or improper procedures
Cross-examining witnesses to identify inaccuracies in their testimony
Presenting arguments that establish that you were not in physical control of the boat

The most effective defense for your situation will depend on the specific circumstances of the incident and your arrest. To have the best hope of beating a BUI or reckless operation charge in Florida, you need a legal strategy customized to fit the unique facts of your situation.

Why You Need a Reckless Operation of a Jet Ski Attorney in West Palm Beach, FL, Fighting for You

There are good reasons why representing yourself against criminal charges isn’t recommended. It’s in your best interests to bring on the skills and guidance of a knowledgeable legal professional who is committed to advocating tirelessly for you. An attorney with experience in this specific area of law is well-positioned to undertake a thorough investigation, analyze all of the legal nuances involved in your situation, and develop your defense strategy.

With our firm’s experience with Florida’s navigation rules as well as criminal statutes, BD Law understands the challenges of determining fault as well as the nuances involved in proving offenses such as reckless operation of a vessel. We’re prepared to fight for clients both in negotiations for lesser charges—for example, careless operation of a vessel rather than reckless operation of a vessel—and in the courtroom pursuing a not-guilty trial verdict.

How BD Law Can Help

At BD Law, we provide the full legal support you need when facing BUI or reckless operation of vessel charges. We’re here to guide you throughout the legal process, gathering the evidence that supports your defense, advocating to protect your legal rights, and standing beside you in all legal proceedings.

Facing criminal charges for BUI or reckless operation of a vessel is stressful, but you don’t have to do it alone. Count on us for the assistance you need at every stage of the legal process, from investigating the case against you and analyzing the facts of your situation to negotiating a plea deal that benefits you or fighting for you in court.

Why Choose BD Law as Your West Palm Beach BUI Lawyer?

For locals and tourists throughout South Florida, BD Law is the clear choice for a West Palm Beach BUI lawyer who gets results. We’re prepared to put our commitment to advocacy to work for you, starting with a confidential free consultation.

A Commitment to Excellent Results

The outcome of your BUI case can affect your daily life—with fines, potential prison terms, and impacts on your driving privileges. Our results-driven firm pursues the most beneficial resolution to your legal matter possible in light of the specific circumstances of your case. We have helped clients in situations like yours get charges dropped or reduced, negotiate favorable terms with prosecutors, achieve not-guilty verdicts in trials, and advocate for lesser penalties when convicted. We recognize that both short-term and long-term consequences of BUI charges can impact you significantly, and we are dedicated to minimizing those consequences.

Strong Representation and Unwavering Work Ethic

Achieving the most favorable outcome possible in a BUI case isn’t easy, but our firm is willing to put in the work required to make a difference. Our tireless work ethic and aggressive approach to representation have earned us respect from opposing counsel, law enforcement, and judges throughout the West Palm Beach area. We’re committed to your best interests, and we fight for you at every stage of the criminal legal process.

A Free, Confidential Consultation

If the BUI or reckless operation charges are your first brush with Florida law enforcement, you may have a lot of questions about the legal process. By the time you realize how serious this legal trouble is, you may have already made damaging mistakes like talking to law enforcement without an attorney present. To help you avoid these problems and ensure you have the chance to explore your options without any financial risk, BD Law offers a complimentary initial consultation. We can review the charges against you, help you understand the potential consequences and your rights, and discuss how our firm may be able to help you.

Contact a West Palm Beach BUI Lawyer at BD Law Today for a Free Case Review

Charges of boating under the influence and recklessly operating jet skis aren’t uncommon in South Florida, where our beautiful and abundant waterways are part of our area’s appeal. However, defendants should take these charges seriously because they constitute criminal offenses that carry the potential for significant penalties. Defending against these charges effectively requires a professional level of skill and legal knowledge.

For help from a reckless operation of a jet ski attorney in West Palm Beach, FL, contact BD Law online or call 561-778-5213 today.