Understanding When Boating Under the Influence (BUI) Escalates to a Felony and What You Can Do to Protect Your Rights
Boating is a popular pastime in Florida, but operating a vessel while impaired by alcohol or drugs can lead to severe legal consequences. While many Boating Under the Influence (BUI) charges are handled as misdemeanors, certain circumstances can elevate a BUI to a felony offense. Understanding the legal thresholds and penalties is crucial for anyone facing these charges.
As an experienced Florida DUI lawyer, I know how complex and intimidating the legal process can feel. My goal here is to help you understand when a BUI becomes a felony, the legal issues at stake, and the potential ramifications under Florida law.
What is Boating Under the Influence (BUI)?
Under Florida Statute § 327.35, operating a vessel while impaired by alcohol or drugs is prohibited. A person can be charged with BUI if:
- Their blood alcohol concentration (BAC) is 0.08% or higher, or
- Their normal faculties are impaired by drugs or alcohol.
The term "vessel" applies broadly and includes boats, jet skis, and other watercraft capable of being used as transportation on water.
When Can a BUI Be Charged as a Felony?
A standard BUI is typically a misdemeanor. However, the charge can escalate to a felony under specific conditions, such as:
1. Repeat Offenses
- A second BUI offense within five years is a first-degree misdemeanor, but penalties increase substantially.
- A third BUI offense within 10 years of a prior conviction becomes a third-degree felony under Florida law.
- A fourth or subsequent BUI offense, regardless of when prior offenses occurred, is charged as a third-degree felony.
2. BUI Involving Accidents or Injuries
Under Florida Statute § 327.35(3), a BUI can escalate to a felony if it results in:
- Property Damage or Minor Injuries: Charged as a first-degree misdemeanor.
- Serious Bodily Injury: Defined as a significant risk of death, permanent disfigurement, or loss of a bodily function, this is a third-degree felony.
- Death: If a BUI causes the death of another person, it is classified as BUI Manslaughter, a second-degree felony punishable by up to 15 years in prison. Enhanced penalties apply if the operator fails to render aid or leaves the scene of the accident.
3. Child Passengers
If a person is caught operating a vessel while impaired with a passenger under the age of 18, the penalties can be harsher. This factor may contribute to enhanced charges or increased sentencing.
Penalties for Felony BUI in Florida
The penalties for felony BUI vary based on the circumstances but often include:
- Third-Degree Felony: Up to 5 years in prison, 5 years of probation, and a $5,000 fine.
- Second-Degree Felony (BUI Manslaughter): Up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Other potential consequences include mandatory substance abuse treatment, loss of boating privileges, community service, and a permanent felony record that can impact future employment or housing opportunities.
Legal Defenses for Felony BUI Charges
If you’ve been charged with a felony BUI, there are defense strategies that can be used to fight the charges. Some potential defenses include:
- Challenging BAC Results: Breathalyzer or blood tests can be inaccurate due to improper calibration, procedural errors, or contamination.
- Lack of Probable Cause: Officers must have a valid reason to stop your vessel. If the stop was unlawful, the charges could be dismissed.
- Disputing Impairment: Poor weather, fatigue, or mechanical issues with the vessel can mimic signs of impairment.
- Proving Lack of Control: To be convicted of BUI, you must have been in control of the vessel. If someone else was operating the boat, this could serve as a defense.
Why You Should Act Quickly
Facing a felony BUI charge can be overwhelming, but time is critical. Evidence must be preserved, and deadlines for court filings and hearings must be met. Hiring an experienced criminal defense lawyer is one of the most important steps you can take to protect your rights.
If you or a loved one is facing a BUI charge, let’s talk about your options. Understanding the law and working on a strong defense can make all the difference in your case.
FAQs About Boating DUI and Felony Charges
Can a first-time BUI be charged as a felony?
A first-time BUI is usually charged as a misdemeanor. However, it can escalate to a felony if it involves severe circumstances such as serious bodily injury, death, or repeat offenses. Each case depends on the specific facts, and the severity of the charge will reflect the harm caused or the defendant's prior record.
What is considered "serious bodily injury" in a BUI case?
Under Florida law, serious bodily injury means any injury that creates a substantial risk of death, significant disfigurement, or long-term loss of a body part or function. Prosecutors often rely on medical evidence and testimony to establish this element in a felony BUI case.
How does Florida treat repeat BUI offenses?
Repeat offenses carry harsher penalties. A third BUI within 10 years is a third-degree felony, punishable by up to 5 years in prison. A fourth BUI, regardless of timing, is also a felony. The court considers prior convictions to impose stricter penalties and may require longer probation, substance abuse treatment, or other conditions.
What happens if someone dies in a BUI accident?
If a BUI results in a fatality, the operator can be charged with BUI manslaughter, a second-degree felony. This charge carries penalties of up to 15 years in prison, probation, and steep fines. Aggravating factors, such as leaving the scene of the accident, can lead to even more severe consequences.
Can I fight felony BUI charges if my BAC was over the legal limit?
Yes, a high BAC does not automatically result in a conviction. Challenging the accuracy of the BAC test, the legality of the vessel stop, or other procedural issues can weaken the prosecution’s case. A skilled defense lawyer can identify flaws in the evidence and build a strong defense strategy.
Are boating and driving DUIs treated the same in Florida?
While BUI and DUI share similarities, there are unique elements to boating cases. For instance, officers do not need probable cause to stop a vessel; they can conduct safety checks at any time. However, all other legal protections, such as challenging BAC results, remain the same.
What should I do if I’m facing felony BUI charges?
Start by contacting a qualified DUI attorney immediately. Time-sensitive actions, such as preserving evidence or filing motions, can significantly impact your case. An attorney can guide you through the process, represent you in court, and work toward reducing or dismissing the charges.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.