Boating Under the Influence (BUI) is a serious charge in Miami, Florida, with severe consequences that can affect your boating privileges, finances, and personal freedom. If you are facing BUI charges, it is crucial to understand the various defenses that can be employed to challenge the accusations and potentially mitigate the impact on your life. This article will explore the common defenses against Miami BUI charges, the relevant legal statutes, and the importance of retaining an experienced Miami BUI lawyer.

Understanding BUI Charges in Miami

Before diving into the defenses, it is important to understand what constitutes a BUI charge in Miami and the legal framework surrounding it.

Florida Statutes § 327.35

Florida Statutes § 327.35 makes it illegal to operate a vessel while impaired by alcohol or drugs. The statute outlines that a person is guilty of BUI if they are operating a vessel with a blood alcohol concentration (BAC) of 0.08% or more, or if they are under the influence of any substance that impairs their normal faculties.

Legal Definitions

  • Vessel: This term includes any watercraft capable of being used as a means of transportation on water. It encompasses boats, jet skis, yachts, and other similar watercraft.
  • Impairment: Impairment refers to the diminished ability to operate a vessel safely due to the influence of alcohol, drugs, or other substances. It can be demonstrated through physical signs, chemical tests, or performance on field sobriety tests.
  • Blood Alcohol Concentration (BAC): BAC measures the amount of alcohol in a person’s bloodstream. A BAC of 0.08% or higher is the legal threshold for impairment in Florida.

Common Defenses Against BUI Charges

Defending against BUI charges involves a strategic approach that challenges the prosecution's evidence and procedures. Here are some common defenses that can be employed:

Lack of Probable Cause

One of the most fundamental defenses in any BUI case is challenging the legality of the stop. Law enforcement officers must have probable cause to stop a vessel. Probable cause can be based on observable evidence of impairment or a violation of boating laws. If the officer lacked probable cause to initiate the stop, any evidence obtained as a result may be inadmissible in court.

- Challenging the Stop: An attorney can argue that the officer did not have sufficient reason to believe that the operator was impaired or violating any laws. This defense questions the initial justification for the stop, which can potentially lead to the dismissal of the charges.

Faulty Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by law enforcement to assess impairment. However, these tests are subjective and can be influenced by various factors unrelated to alcohol or drug use.

- Environmental Factors: Conditions such as uneven boat surfaces, weather, or the natural motion of the water can affect performance on FSTs. An attorney can argue that these factors compromised the accuracy of the tests.
- Physical Conditions: Medical conditions, fatigue, or even nervousness can impact an individual’s ability to perform FSTs. Providing medical documentation or other evidence can challenge the reliability of the tests.

Inaccurate Chemical Tests

Chemical tests, including breathalyzers and blood tests, are used to measure BAC levels. These tests can sometimes yield inaccurate results due to various reasons.

- Calibration and Maintenance Issues: Breathalyzer devices must be properly calibrated and maintained to ensure accuracy. An attorney can request maintenance records and calibration logs to identify potential issues with the device used.
- Improper Administration: The procedures for administering chemical tests must be strictly followed. Deviations from the protocol can result in inaccurate readings. An attorney can scrutinize the administration process to uncover any errors.
- Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can produce false positives in breathalyzer tests. Presenting medical evidence can cast doubt on the reliability of the test results.

Insufficient Evidence

The prosecution bears the burden of proving the defendant’s impairment beyond a reasonable doubt. If the evidence presented is weak or circumstantial, it can be challenged.

- Lack of Observable Impairment: If there is no clear evidence of impairment, such as erratic driving or slurred speech, the defense can argue that the prosecution has not met its burden of proof.
- Chain of Custody Issues: Ensuring that the evidence has been properly handled and documented from the time of collection to presentation in court is crucial. Any gaps or inconsistencies in the chain of custody can be used to challenge the integrity of the evidence.

Violation of Rights

Defendants have constitutional rights that must be upheld throughout the arrest and investigation process. Violations of these rights can lead to the suppression of evidence or dismissal of charges.

•    Fourth Amendment: Protects against unreasonable searches and seizures. If the stop, search, or seizure was conducted without probable cause or a warrant, the evidence obtained may be excluded.
•    Fifth Amendment: Protects against self-incrimination. If a defendant was not properly read their Miranda rights, any statements made during interrogation may be inadmissible.
•    Sixth Amendment: Guarantees the right to legal counsel. If the defendant was denied access to an attorney, it could impact the validity of the proceedings.

Alternative Explanations

Providing alternative explanations for the observed behavior or test results can be a powerful defense.

•    Non-Impairment Reasons for Behavior: Stress, fatigue, or other non-impairment-related reasons can explain erratic behavior or poor performance on FSTs.
•    Environmental Influences: Challenging the context in which the tests were administered, such as the natural instability of the watercraft, can undermine the prosecution’s case.

Steps to Take After a BUI Arrest

If you have been arrested for BUI in Miami, taking the right steps immediately following the arrest can significantly impact the outcome of your case.

Remain Calm and Cooperative

It is crucial to remain calm and cooperate with law enforcement officers during the arrest process. Resisting or arguing can lead to additional charges and complicate your defense.

Exercise Your Right to Remain Silent

You have the right to remain silent and avoid self-incrimination. Politely inform the officers that you wish to exercise this right until you have spoken with an attorney.

Request Legal Representation

Immediately request to speak with an attorney. Legal representation is critical at every stage of the BUI case, from the initial arrest to court proceedings.

Document the Incident

As soon as possible, document everything you remember about the incident, including the time, location, weather conditions, and interactions with law enforcement. This information can be valuable for your defense.

Comply with Court Orders

If released on bail, ensure that you comply with all court orders, including attending all scheduled court appearances. Failure to comply can result in additional penalties and negatively impact your case.

Why Defendants for BUI Need an Attorney 

Facing BUI charges is a serious matter that requires expert legal representation. Here are several reasons why defendants need an attorney and why Musca Law, P.A. is the right choice:

Expertise in BUI Law

An experienced attorney understands the complexities of BUI cases and the specific challenges associated with them. They can provide invaluable guidance, build a strong defense, and advocate for the defendant’s rights throughout the legal process.

Strategic Defense Planning

An attorney can develop a comprehensive defense strategy tailored to the specifics of the case. This includes gathering evidence, identifying weaknesses in the prosecution’s case, and preparing persuasive arguments for court.

Negotiation Skills

Many BUI cases are resolved through plea bargaining. An experienced attorney can negotiate with the prosecution to secure favorable outcomes, such as reduced charges or lighter sentences. Effective negotiation can significantly impact the case’s outcome.

Protecting Constitutional Rights

A Miami DUI attorney ensures that the defendant’s constitutional rights are protected throughout the criminal justice process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.

Also, be sure to read our article, "What Are the Penalties for DUI in Florida?"

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced Miami criminal defense attorneys with a proven track record of success in handling BUI cases. Their extensive experience and dedication to their clients have resulted in favorable outcomes for many individuals facing similar charges.

If you are facing BUI charges in Miami, it is crucial to act quickly and seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling BUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.