BUI Attorneys in Cocoa, Florida

Boating is a popular pastime. Whether you're fishing, cruising, or simply exploring the waters, the sun and sea offer endless enjoyment.  

However, just like driving under the influence (DUI) on the roads, boating under the influence (BUI) is a serious offense with severe legal consequences. As a Florida-based law firm, Gutin & Wolverton is familiar with BUI cases and is prepared to support you with a strong defense. 

Consequences of a BUI

Getting charged with a BUI can result in both immediate and long-term consequences. These can include: 

• Fines: Penalties for a first offense BUI can range from $500 to $1,000, and they increase with subsequent offenses. 

• Jail time: First offenses can result in up to 6 months in jail but repeat offenses can lead to significantly longer sentences. 

• License suspension: Your boating license can be suspended or revoked, affecting your ability to enjoy future boating activities. 

• Criminal record: A BUI conviction will appear on your criminal record, which can have long-term impacts on your employment opportunities and personal life. 

• Mandatory education programs: After a BUI conviction, offenders may be required to complete a substance abuse education program, which can incur additional costs and time commitments. 

• Increased insurance rates: A BUI conviction can lead to higher boat insurance premiums or difficulty obtaining coverage, as insurers view it as a significant risk factor. 

• Probation: In some cases, individuals convicted of BUI may be placed on probation, which could involve regular check-ins with a probation officer and restrictions on boating activities during that period. 

Boating Under the Influence Laws in Florida

Florida law treats BUIs similarly to DUIs, with stringent penalties for those found operating a vessel while impaired. Here are some key points of Florida's BUI laws: 

• Blood Alcohol Concentration (BAC): Florida law sets the BAC limit at 0.08% for individuals operating a boat. If you're under 21, the limit is 0.02%. 

• Chemical testing: Law enforcement officers have the right to administer breath, blood, or urine tests if they suspect you are operating a vessel under the influence. 

• Implied consent: By operating a vessel in Florida waters, you automatically consent to chemical testing if suspected of a BUI. Refusing to submit to these tests can result in additional penalties. 

• Aggravating factors: Certain factors, such as having a minor on board or causing an accident while under the influence, can lead to more severe penalties. 

• Zero tolerance for underage operators: Florida maintains a zero-tolerance policy for individuals under 21 operating a boat with a BAC of 0.02% or higher. Penalties for underage drinking and boating are severe and can include fines and suspensions. 

• Penalties for multiple offenses: Repeat offenders face harsher penalties, including increased jail time and fines. A second BUI offense may result in mandatory minimum jail sentences and longer license suspensions, reinforcing the importance of safe boating practices. 

• Non-vessel operation: A BUI charge can also apply if you are operating personal watercraft or other vessels, even if they are not traditional boats. This includes jet skis and other water vehicles, thereby extending the reach of BUI laws to all forms of watercraft. 

Building a Strong BUI Defense 

Constructing a solid defense against a BUI charge involves several critical steps: 

Challenge the Stop 

One of the first things we examine is the legality of the stop. Law enforcement must have reasonable suspicion to stop your vessel. If we can show that the stop was unlawful, any evidence gathered during the stop may be inadmissible in court. 

Question Testing Methods 

Chemical tests used to determine BAC levels are not infallible. We scrutinize the methods and equipment used to conduct these tests, looking for any inconsistencies or errors that could compromise the results. We may also challenge the accuracy of field sobriety tests, which are not always reliable indicators of intoxication. 

Investigate Witness Testimonies 

We review all witness statements, including those of law enforcement officers and other individuals present during the arrest. Inconsistencies or conflicting testimonies can help weaken the prosecution's case. We will also interview potential witnesses to gather additional evidence that can support your defense. 

Explore Alternative Explanations 

Factors such as fatigue, sun exposure, and dehydration can mimic signs of intoxication. We explore these alternative explanations to cast doubt on the prosecution's evidence. We may also examine medical records or have our own expert witness testify on your behalf. 

Examine the Circumstances Surrounding the Arrest 

We thoroughly investigate the circumstances leading to the arrest, including weather conditions, the location of the stop, and any unusual behavior on the part of law enforcement. If we can establish that the arresting officer acted improperly or without just cause, it can significantly impact your case. 

Assess Field Sobriety Tests 

Field sobriety tests (FSTs) are often employed by law enforcement to assess impairment. We analyze how these tests were conducted, including whether the officer followed proper protocols and whether any environmental factors may have influenced your performance. Successfully challenging the legitimacy of FSTs can work in your favor. 

Review Your Rights 

We also review whether your rights were upheld during the entire process. This includes the right to obtain legal representation and the right against self-incrimination. If any of these rights were violated, it could be grounds for dismissal of the case or suppression of key evidence against you. 

BUI Attorneys in Cocoa, Florida

At Gutin & Wolverton, Attorneys Harley Gutin and Stephen Wolverton bring a wealth of experience and a formidable reputation in court. With over 140 trials under their belts, they combine their backgrounds as former assistant public defense attorneys to provide strong, strategic legal services.

This boutique law firm is known for fair rates, exceptional results, and a straightforward approach. If you're facing a BUI charge in Cocoa, Florida, or anywhere in Brevard County, including Titusville, Melbourne, and Palm Bay, call us to discuss how we can help you.