Boating Under the Influence (BUI) charges can have serious consequences, from fines to possible jail time. However, like DUI cases, there are defenses that could lead to a dismissal or reduction of charges. From questioning the validity of the tests to exposing errors made during your arrest, having a defense strategy in place can make all the difference.
If you’re in this situation, Attorney Simon Wiseman of The Wiseman Law Firm can help you navigate these choppy waters. With over 20 years of experience, he understands the ins and outs of BUI cases. Having been a prosecutor, he knows what to look for and how to defend against these charges effectively.
What to Know About BUI Charges in Florida
Boating under the influence refers to operating a boat while impaired by alcohol or drugs. Florida law states a person is considered impaired if their blood alcohol concentration (BAC) is 0.08% or higher.
If you are caught operating a boat in Florida while impaired, you may face severe penalties, including fines, community service, and even jail time. But before you panic, it’s important to know there are various defenses that may help you fight these charges.
Common Defenses Against BUI Charges
Facing a BUI charge can be intimidating, especially with the potential for serious consequences. However, not all accusations lead to a conviction. By carefully examining the evidence and the details of your arrest, there are several strategies your attorney may be able to use to challenge the case against you.
Successful defenses can often lead to reduced charges or even a full dismissal in some cases. Here are some of the most common defenses that may be used in BUI cases:
Lack of Reasonable Suspicion
For law enforcement to stop your boat, they must have reasonable suspicion that you were violating boating regulations or engaging in dangerous behavior. A defense strategy can include challenging the validity of the initial stop itself. If officers didn’t observe any erratic behavior, unsafe operation, or other signs of impairment, the stop may have been unjustified. Without reasonable suspicion, any evidence gathered during the stop could be dismissed, weakening the prosecution’s case against you.
Inaccurate Breathalyzer Results
Breathalyzers must be carefully calibrated and maintained, and officers need to follow strict procedures when administering the test. Any missteps, such as a malfunctioning device or improper handling by the officer, can lead to inaccurate results. Your attorney may scrutinize the maintenance records of the device and the procedures followed during your test. If any issues are found, this can call the results into question and potentially have them dismissed.
Medical Conditions
Sometimes, physical conditions unrelated to alcohol can mimic the signs of impairment. Medical conditions like vertigo, neurological disorders, or even inner ear infections can affect balance, coordination, and speech. If you suffer from any such condition, it could explain behaviors or symptoms that might otherwise appear to be the result of intoxication. Providing medical documentation from a healthcare provider can strengthen this defense, showing the court that your condition, rather than impairment, was responsible for any signs of imbalance or lack of coordination.
Challenging Field Sobriety Tests
Field sobriety tests on the water can be particularly unreliable. These tests are often highly subjective, relying on the officer’s interpretation rather than objective data. Additionally, external factors such as choppy waters, bad weather, or the natural motion of the boat can impact your ability to perform these tests accurately. If there were any issues with the environment or if the test was improperly administered, your attorney may argue that the results should not be considered reliable evidence. This defense can significantly weaken the prosecution’s case by showing that the tests did not accurately reflect impairment.
Choose Attorney Simon Wiseman for Your Boating Under the Influence Defense
Facing a BUI charge can feel overwhelming, especially with the potential for life-altering penalties. At The Wiseman Law Firm, we bring over two decades of experience in criminal defense, with a focus on personalized, strategic defense for each client. With a deep understanding of Florida law and extensive trial-tested experience, we analyze every detail of your case, from the initial stop to test accuracy and procedural flaws to uncover possible grounds for dismissal or reduction.
As a former prosecutor, Attorney Simon Wiseman understands how both sides operate, providing you with an advantage when building a strong defense. Our goal is to protect your rights and guide you through every step, keeping you informed and confident in your case. Call us today at (407) 420-4647 or reach out through our contact form to discuss your defense options.
