Miami BUI Boating under the Influence Lawyer
Michael Mirer is an experienced Miami BUI Lawyer and he will fight
for your rights! Call right now for a free consultation.
If you or someone you know has been charged with any sort of
crime in the state of Florida contact defense
attorney Michael Mirer today at 1-866-9-DEFEND.
Miami BUI Laws by Statute
Contact an attorney right away for more information about
your rights and BUI.
327.35 Boating under the influence; penalties;
"designated drivers".--
(1) A person is guilty of the offense of boating under the
influence and is subject to punishment as provided in subsection
(2) if the person is operating a vessel within this state and:
(a) The person is under the influence of alcoholic beverages, any
chemical substance set forth in s. 877.111, or any substance
controlled under chapter 893, when affected to the extent that the
person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of
alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of
alcohol per 210 liters of breath.
(2)(a) Except as provided in paragraph (b), subsection (3), or
subsection (4), any person who is convicted of a violation of
subsection (1) shall be punished:
1. By a fine of:
a. Not less than $250 or more than $500 for a first conviction.
b. Not less than $500 or more than $1,000 for a second conviction;
and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
(b)1. Any person who is convicted of a third violation of this
section for an offense that occurs within 10 years after a prior
conviction for a violation of this section commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
2. Any person who is convicted of a third violation of this
section for an offense that occurs more than 10 years after the
date of a prior conviction for a violation of this section shall
be punished by a fine of not less than $1,000 or more than $2,500
and by imprisonment for not more than 12 months.
3. Any person who is convicted of a fourth or subsequent violation
of this section, regardless of when any prior conviction for a
violation of this section occurred, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
However, the fine imposed for such fourth or subsequent violation
may not be less than $1,000.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vessel; and
(c) Who, by reason of such operation, causes or contributes to
causing:
1. Damage to the property or person of another commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
2. Serious bodily injury to another, as defined in s. 327.353,
commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
3. The death of any human being commits BUI manslaughter, and
commits:
a. A felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the accident, the person knew, or should have
known, that the accident occurred; and
(II) The person failed to give information and render aid as
required by s. 327.30.
This sub-subparagraph does not require that the person knew that
the accident resulted in injury or death.
(4) Any person who is convicted of a violation of subsection (1)
and who has a blood-alcohol level or breath-alcohol level of 0.20
or higher, or any person who is convicted of a violation of
subsection (1) and who at the time of the offense was accompanied
in the vessel by a person under the age of 18 years, shall be
punished:
(a) By a fine of:
1. Not less than $500 or more than $1,000 for a first conviction.
2. Not less than $1,000 or more than $2,000 for a second
conviction.
3. Not less than $2,000 for a third or subsequent conviction.
(b) By imprisonment for:
1. Not more than 9 months for a first conviction.
2. Not more than 12 months for a second conviction.
For the purposes of this subsection, only the instant offense is
required to be a violation of subsection (1) by a person who has a
blood-alcohol level or breath-alcohol level of 0.20 or higher.
(5) In addition to any sentence or fine, the court shall place any
offender convicted of violating this section on monthly reporting
probation and shall require attendance at a substance abuse course
specified by the court; and the agency conducting the course may
refer the offender to an authorized service provider for substance
abuse evaluation and treatment, in addition to any sentence or
fine imposed under this section. The offender shall assume
reasonable costs for such education, evaluation, and treatment,
with completion of all such education, evaluation, and treatment
being a condition of reporting probation. Treatment resulting from
a psychosocial evaluation may not be waived without a supporting
psychosocial evaluation conducted by an agency appointed by the
court and with access to the original evaluation. The offender
shall bear the cost of this procedure. The term "substance abuse"
means the abuse of alcohol or any substance named or described in
Schedules I-V of s. 893.03.
(6) With respect to any person convicted of a violation of
subsection (1), regardless of any other penalty imposed:
(a) For the first conviction, the court shall place the defendant
on probation for a period not to exceed 1 year and, as a condition
of such probation, shall order the defendant to participate in
public service or a community work project for a minimum of 50
hours. The court must also, as a condition of probation, order the
impoundment or immobilization of the vessel that was operated by
or in the actual control of the defendant or any one vehicle
registered in the defendant's name at the time of impoundment or
immobilization, for a period of 10 days or for the unexpired term
of any lease or rental agreement that expires within 10 days. The
impoundment or immobilization must not occur concurrently with the
incarceration of the defendant. The impoundment or immobilization
order may be dismissed in accordance with paragraph (e) or
paragraph (f). The total period of probation and incarceration may
not exceed 1 year.
(b) For the second conviction for an offense that occurs within a
period of 5 years after the date of a prior conviction for
violation of this section, the court shall order imprisonment for
not less than 10 days. The court must also, as a condition of
probation, order the impoundment or immobilization of the vessel
that was operated by or in the actual control of the defendant or
any one vehicle registered in the defendant's name at the time of
impoundment or immobilization, for a period of 30 days or for the
unexpired term of any lease or rental agreement that expires
within 30 days. The impoundment or immobilization must not occur
concurrently with the incarceration of the defendant. The
impoundment or immobilization order may be dismissed in accordance
with paragraph (e) or paragraph (f). At least 48 hours of
confinement must be consecutive.
(c) For the third or subsequent conviction for an offense that
occurs within a period of 10 years after the date of a prior
conviction for violation of this section, the court shall order
imprisonment for not less than 30 days. The court must also, as a
condition of probation, order the impoundment or immobilization of
the vessel that was operated by or in the actual control of the
defendant or any one vehicle registered in the defendant's name at
the time of impoundment or immobilization, for a period of 90 days
or for the unexpired term of any lease or rental agreement that
expires within 90 days. The impoundment or immobilization must not
occur concurrently with the incarceration of the defendant. The
impoundment or immobilization order may be dismissed in accordance
with paragraph (e) or paragraph (f). At least 48 hours of
confinement must be consecutive.
(d) The court must at the time of sentencing the defendant issue
an order for the impoundment or immobilization of a vessel. Within
7 business days after the date that the court issues the order of
impoundment, and once again 30 business days before the actual
impoundment or immobilization of the vessel, the clerk of the
court must send notice by certified mail, return receipt
requested, to the registered owner of each vessel, if the
registered owner is a person other than the defendant, and to each
person of record claiming a lien against the vessel.
(e) A person who owns but was not operating the vessel when the
offense occurred may submit to the court a police report
indicating that the vessel was stolen at the time of the offense
or documentation of having purchased the vessel after the offense
was committed from an entity other than the defendant or the
defendant's agent. If the court finds that the vessel was stolen
or that the sale was not made to circumvent the order and allow
the defendant continued access to the vessel, the order must be
dismissed and the owner of the vessel will incur no costs. If the
court denies the request to dismiss the order of impoundment or
immobilization, the petitioner may request an evidentiary hearing.
(f) A person who owns but was not operating the vessel when the
offense occurred, and whose vessel was stolen or who purchased the
vessel after the offense was committed directly from the defendant
or the defendant's agent, may request an evidentiary hearing to
determine whether the impoundment or immobilization should occur.
If the court finds that either the vessel was stolen or the
purchase was made without knowledge of the offense, that the
purchaser had no relationship to the defendant other than through
the transaction, and that such purchase would not circumvent the
order and allow the defendant continued access to the vessel, the
order must be dismissed and the owner of the vessel will incur no
costs.
(g) All costs and fees for the impoundment or immobilization,
including the cost of notification, must be paid by the owner of
the vessel or, if the vessel is leased or rented, by the person
leasing or renting the vessel, unless the impoundment or
immobilization order is dismissed.
(h) The person who owns a vessel that is impounded or immobilized
under this paragraph, or a person who has a lien of record against
such a vessel and who has not requested a review of the
impoundment pursuant to paragraph (e) or paragraph (f), may,
within 10 days after the date that person has knowledge of the
location of the vessel, file a complaint in the county in which
the owner resides to determine whether the vessel was wrongfully
taken or withheld from the owner or lienholder. Upon the filing of
a complaint, the owner or lienholder may have the vessel released
by posting with the court a bond or other adequate security equal
to the amount of the costs and fees for impoundment or
immobilization, including towing or storage, to ensure the payment
of the costs and fees if the owner or lienholder does not prevail.
When the bond is posted and the fee is paid as set forth in s.
28.24, the clerk of the court shall issue a certificate releasing
the vessel. At the time of release, after reasonable inspection,
the owner or lienholder must give a receipt to the towing or
storage company indicating any loss or damage to the vessel or to
the contents of the vessel.
(i) A defendant, in the court's discretion, may be required to
serve all or any portion of a term of imprisonment to which the
defendant has been sentenced pursuant to this section in a
residential alcoholism treatment program or a residential drug
abuse treatment program. Any time spent in such a program must be
credited by the court toward the term of imprisonment.
For the purposes of this section, any conviction for a violation
of s. 316.193, a previous conviction for the violation of former
s. 316.1931, former s. 860.01, or former s. 316.028, or a previous
conviction outside this state for driving under the influence,
driving while intoxicated, driving with an unlawful blood-alcohol
level, driving with an unlawful breath-alcohol level, or any other
similar alcohol-related or drug-related traffic offense, is also
considered a previous conviction for violation of this section.
(7) A conviction under this section does not bar any civil suit
for damages against the person so convicted.
(8) A person who is arrested for a violation of this section may
not be released from custody:
(a) Until the person is no longer under the influence of alcoholic
beverages, any chemical substance set forth in s. 877.111, or any
substance controlled under chapter 893 and affected to the extent
that his or her normal faculties are impaired;
(b) Until the person's blood-alcohol level or breath-alcohol level
is less than 0.05; or
(c) Until 8 hours have elapsed from the time the person was
arrested.
(9) Notwithstanding any other provision of this section, for any
person convicted of a violation of subsection (1), in addition to
the fines set forth in subsections (2) and (4), an additional fine
of $60 shall be assessed and collected in the same manner as the
fines set forth in subsections (2) and (4). All fines collected
under this subsection shall be remitted by the clerk of the court
to the Department of Revenue for deposit into the Brain and Spinal
Cord Injury Rehabilitation Trust Fund and used for the purposes
set forth in s. 381.79, after 5 percent is deducted therefrom by
the clerk of the court for administrative costs.
(10) It is the intent of the Legislature to encourage boaters to
have a "designated driver" who does not consume alcoholic
beverages.
History.--s. 2, ch. 59-400; s. 5, ch. 63-105; s. 1, ch. 65-361; s.
1, ch. 71-81; s. 22, ch. 73-331; s. 5, ch. 83-187; s. 7, ch.
84-188; s. 7, ch. 91-255; s. 8, ch. 93-124; s. 456, ch. 95-148; s.
19, ch. 96-330; s. 98, ch. 97-264; s. 49, ch. 97-271; s. 10, ch.
98-308; s. 14, ch. 98-324; s. 47, ch. 2000-152; s. 11, ch.
2000-320; s. 28, ch. 2001-122; s. 4, ch. 2002-78; s. 6, ch.
2002-263.
Note.--Former s. 371.51.
Please contact Michael Mirer for more information.
This information is for example only and should not be
considered legal advice. For the most current law or for more
information please search the state of Florida website or
contact Michael Mirer at 1-866-9-DEFEND right away! If
you have been accused of any crime your freedom may be in
jeopardy! Contact Miami criminal defense lawyer Michael Mirer
right away for a free consultation specific to your case. When you
have been accused of a crime and if you are considering hiring a
Miami criminal defense lawyer, you should consider more than just
advertisements.
Contact us and ask us to send you
more information about our qualifications and experience. This
website does not contain any legal advice.
