Skip to Content
Start Your Free Consultation Now 321-248-7742
Top
Boating Under the Influence We Fight For Your Freedom

Boating Under the Influence

Boating Under the influence can bring with it severe consequences, hefty fines and jail time as well as impounding of your vessel and revocation of your boating license

Melbourne Criminal Defense Lawyer

At The Law Offices of Bryan J. McCarthy the experienced criminal defense attorney will work with you to achieve the best outcome possible and will aggressively fight for your rights. 
Call us today for a free no obligation consultation and evaluation of your case.

Boating Under the Influence

Boating Under The influence is defined as operating a watercraft on a body of water while under the influence of alcohol. Some state laws provide for a per se BUI offense, which a person commits when operating a boat or other watercraft on the with a blood-alcohol concentration (‘BAC’) of .08 percent.And unlike a regular DUI, an officer does not need probable cause to stop your vessel. for example, If they are just checking the vessel routinely to make sure everything is in its proper condition and up to regulation. Such as :

  • Checking for the correct safety equipment
  • Valid fishing permits,
  • Registration certificates
  • Bag limits.

Boating Under the Influence Penalties

Boating under the Influence can have numerous penalties in the state of Florida, the degree of the offense is increased if it is a repeating offense:

  • First-time offender – $1000 fine, up to 6 months in jail, probation up to 1 year, drug evaluation and any treatment recommended, 50 hours of community service, and the vessel impounded for 10 days.
  • Second conviction- $2,000 fine, up to 9 months in jail, If the second conviction occurs within 5 years after the date of 1st conviction, mandatory jail term of 10 days. As a condition of probation, 30-day vessel impoundment or immobilization of any one vehicle registered in the defendant’s name for a period of 30 days (though, this impoundment or immobilization can be dismissed if it would cause a hardship to a third party).
  • Third conviction – If the 3rd conviction is within 10 years of a prior conviction, it’s a 3rd degree felony; minimum mandatory 30 days imprisonment. As a condition of probation, 90-day vessel impoundment or immobilization of any one vehicle registered in the defendant’s name for a period of 90 days (though, this impoundment or immobilization can be dismissed if it would cause a hardship to a third party).
  • If the third conviction is outside of 10 years from a prior conviction, fine of $5,000 and up to 12 months imprisonment.
  • Fourth offense- regardless of timing, that person has committed a third degree felony. Any fine imposed will not be less than $2,000

Boating Under the Influence Resources-

Florida Wildlife Conservation Commission Boating Regulations- This site will list the regulations and rights of Florida boaters and other individuals on the waterfronts. 
Alcoholic Recovery Resources- Have you been worried about your health? Are you worried you might be an alcoholic? This site can help you on your road to recovery.


 

Criminal Defense Attorney in Melbourne

It is important to for you or a loved one to contact one of our experienced criminal defense attorney at The Law Offices of Bryan J. McCarthy. They will work with you to attain the best potential result.

Contact Us Today!

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • "Great lawyer"
    Great lawyer. Never hired a lawyer before so I was nervous. Bryan was cheaper than the other lawyers I called. He answered all my questions. I went to one court date and got only fines and court cost. Hopefully don't need to, but would definitely use again, and recommend. Thanks Bryan
    Chris
    Cocoa, FL
  • "He’s very in tune to your case and will treat it with due respect."
    Bryan is a great lawyer, very professional. He’s very in tune to your case and will treat it with due respect.
    D.H.
  • "Mr.McCarthy is a true professional by responding rapidly to my case with many vigorous defense capabilities."
    Mr.McCarthy is a true professional by responding rapidly to my case with many vigorous defense capabilities. So, if you are in need of the best representation the Space Coast has to offer, look no further you will not be disappointed.
    D.H.