Tampa Bay might be a great place to spend a day on the water, but if you aren’t careful, you could end up with a charge similar to driving under the influence and face consequences that limit your freedom. Boating under the influence is a criminal charge with real jail exposure, and it is prosecuted under its own statute. If you were arrested for BUI in the Tampa area, a Tampa BUI lawyer at Brett Metcalf, Criminal Defense Attorneys, P.A. can explain the charge and how it can be challenged. Attorney Brett Metcalf is a former Hillsborough County prosecutor who tried more than 100 cases to verdict.
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What is a BUI in Florida?
Boating under the influence is governed by Fla. Stat. 327.35, which parallels the DUI law. It is a crime to operate a vessel while your normal faculties are impaired by alcohol or a controlled substance, or while your blood or breath alcohol level is .08 or higher. Like a DUI, a BUI does not require obvious bad boating; it turns on impairment or the alcohol level. One important difference is that a BUI investigation occurs on the water, where standard field sobriety tests were designed for dry land, and where an officer’s basis for the stop differs from that in a roadside traffic stop.
The Penalties for BUI in Florida
A first BUI carries penalties similar to a first DUI:
- A fine of $500 to $1,000, rising to $1,000 to $2,000 if the alcohol level was .15 or higher, or if a person under 18 was aboard.
- Up to 6 months in jail, or up to 9 months in the enhanced situations.
Penalties climb for repeat offenses. One meaningful difference from a DUI is that a standard BUI does not suspend your driver’s license, because it involves a vessel rather than a motor vehicle. The most serious form, BUI manslaughter, is a second-degree felony punishable by up to 15 years in prison, and it is elevated to a first-degree felony, up to 30 years, if the operator knew or should have known a crash occurred and failed to render aid.
What Happens After a BUI Arrest in Tampa
After a BUI arrest, you are booked into the Hillsborough County Jail and typically see a judge for a first appearance within 24 hours. Misdemeanor BUIs follow a similar process to the Florida DUI court process. Unlike incidents on land, there is no roadside setting for testing sobriety.
That means that the evidence often comes from an officer’s observations on the water, portable testing, and any later breath or blood test. How that evidence was gathered in an environment full of natural instability, sun, and fatigue is often where a BUI case can be challenged.
How We Defend a BUI Case
A BUI is not a conviction, and the on-water setting gives a defense real openings.
We Challenge the Basis for the Stop
Officers still need a lawful reason to stop and detain a boater. If the stop or the detention was not justified, we can move to suppress the immediate investigation.
We Question the Sobriety Testing
Field sobriety exercises were designed for solid ground, not a rocking deck. Other factors, such as fatigue, sun, dehydration, and water motion, can mimic impairment. We argue whether the testing was fair and reliable.
We Scrutinize the Breath or Blood Test
Any chemical test must be collected and analyzed in accordance with strict procedures. When the timing, the chain of custody, or the operator’s method falls short, we argue the result should carry little or no weight.
Why Choose Brett Metcalf
When you hire Brett Metcalf, you work directly with a dedicated Tampa defense attorney who knows the local courts and how these cases are prosecuted. Attorney Brett Metcalf is a former Hillsborough County prosecutor who tried more than 100 cases to verdict, and he defends a BUI with the same rigor as any DUI. He explains your options in plain language and challenges the State’s proof aggressively.
Tampa BUI FAQs
Is a BUI the same as a DUI in Florida?
No, these charges are not the same. They are similar, and they have similar penalties, but a BUI involves a water vessel and a DUI involves a motor vehicle. One practical difference is that a standard BUI does not carry a driver’s license suspension.
What are the penalties for boating under the influence in Florida?
A first BUI carries a fine of $500 to $1,000 and up to 6 months in jail, with higher penalties for a high alcohol level, a minor aboard, or repeat offenses. BUI manslaughter is a felony punishable by up to 15 years.
Do I lose my driver’s license for a BUI?
A standard BUI does not suspend your driver’s license, because it involves a vessel rather than a motor vehicle. Other consequences, including jail and fines, still apply.
Talk to a Tampa BUI Lawyer Today
A BUI is a criminal charge worth taking seriously, and the on-water evidence is often more challengeable than it first appears. Call Brett Metcalf at (813) 258-4800 for a free, confidential consultation with a Tampa BUI attorney, and let us start building your defense.
