Daytona Beach BUI Attorney
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
For most Floridians, the beach is just one of many perks to living in the Sunshine State. Thinking about summers in Florida can conjure up images of the ocean, beaches, and a couple of ice cold beers. But, it doesn’t take much for this happy picture to turn into something far less enjoyable. Boating Under the Influence, like Driving Under the Influence, is a crime in the State of Florida. A conviction for BUI can have serious repercussions for your employment, home and family life, and can be costly. In Daytona Beach, New Smyrna Beach, and the surrounding beach areas, officers patrol the waters looking for intoxicated boaters to arrest. If you find yourself in this situation, you must reach out to a BUI attorney in Daytona Beach.
Have you been charged with a crime in Central Florida? With offices conveniently located in DeLand and Daytona Beach, our team of BUI attorneys in Daytona Beach can defend you against your criminal charges. Contact us today!
Boating Under the Influence
In order to encourage boat operators to use designated drivers, the Florida Legislature categorizes Boating Under the Influence as a misdemeanor. In many ways, a BUI is similar to its cousin, the DUI. Just like a DUI, a BUI increases in penalties the more often you are convicted. Even a first-time conviction of DUI can have serious penalties, including imprisonment, fines, and impoundment of your boat.
To prove the crime of Boating Under the Influence, the State has to prove that you were under the influence of alcohol or a chemical or controlled substance to the extent that your normal facilities were impaired OR that you have a blood-alcohol level of at least .08 grams of alcohol per 100 milliliters of blood, or more commonly, a breath-alcohol level of at least .08 grams of alcohol per 210 liters of breath. Note that the State only has to prove one of these elements.
Proving either impairment or BAC is enough to get a conviction. To prove impairment, the State can rely on a variety of factors, including, but not limited to: results of breath, blood, or urine tests, performance on field sobriety exercises, and observations made by officers while investigating the crime. Ever tried performing field sobriety exercises while standing on a boat? It’s not easy.
When faced with a potential BUI conviction, some people may be tempted to refuse to provide a breath sample or participate in field sobriety tests. Rather than saving you from conviction, refusals can be used as evidence of impairment by the State. Much like driving a car, when you decide to operate a boat or other water vessel, you agree to Implied Consent. Consult a BUI attorney in Daytona Beach for more details about this.
Implied Consent
Implied Consent is a policy that is outlined in Florida Statute 327.352. The statute essentially requires any person operating a vessel (including boats, jet skis, etc.) to submit to a breath, blood, or urine test and field sobriety exercises at the request of an officer if the officer believes that the person is impaired. Refusals to submit to these tests are admissible in any subsequent criminal proceedings.
This is very similar to the implied consent for driving a motor vehicle, but there is one key difference. If you refuse to submit to a breath test while driving your car, you will automatically have your license suspended for one year. That same refusal, but for a boat or water vessel, does not affect your driver’s license. Instead, you will be given a civil penalty of $500.00 if it is your first refusal; though a second refusal will result in a misdemeanor charge. It is also important to remember that these refusals overlap with DUIs, so if you previously refused to submit a breath test while driving your car, refusing while driving your boat will result in a misdemeanor.
Understanding Punishments for BUI With Our BUI Attorneys in Daytona Beach
Again, like a DUI, a BUI is an enhanceable offense. This means that the penalties increase the more often you commit the crime, or based on certain circumstances.
First Time BUI Offenses
- Adjudication of Guilt.
- Up to six (6) months in jail.
- Up to one (1) year of probation.
- A fine of no less than $500.00, and no more than $1,000.00.
- No less than fifty (50) hours of community service.
- Ten (10) day impoundment of your vessel.
- Must attend and complete a substance abuse course at your own expense.
- Must refrain from using drugs and/or alcohol while on probation with random urinalysis.
- Pay court costs, cost of prosecution, cost of investigation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson
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No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.