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
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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.