Have you been arrested for Boating Under the Influence (BUI) in Lakeland, FL? A conviction could lead to serious consequences affecting your life for years. You don’t have to face this challenge alone. An experienced criminal defense attorney at Thomas C. Grajek, Attorney At Law, can help you fight the charges and protect your future. Call us at (863) 688-4606.
Our law firm has been serving clients in Florida for decades. We are dedicated to providing personalized legal representation and will prioritize your case. Our Lakeland BUI lawyer has extensive experience handling cases like yours, and we are confident we can help you pursue a favorable outcome.
Contact our office today to schedule an initial consultation. We will review your case, answer your questions, and discuss the best strategies for your defense.
How Thomas C. Grajek, Attorney At Law Can Assist You After a BUI Arrest in Lakeland, FL
Being charged with Boating Under the Influence is a serious matter. Regardless of the circumstances, law enforcement and prosecutors might already assume you’re guilty. However, you have rights, and the burden is on them to prove the charges beyond a reasonable doubt. Our skilled attorney can help you navigate the legal system and build a strong defense on your behalf.
At Thomas C. Grajek, Attorney At Law, we understand Florida’s BUI laws inside and out. We know how the local courts operate and can use this knowledge to your advantage. Here’s how our Lakeland criminal defense attorney can help:
- Investigate the details of your arrest
- Challenge improper law enforcement actions
- Gather evidence to support your defense
- Negotiate with prosecutors
- Represent you in court
We will keep you informed throughout the process and ensure you understand your rights and options. Our criminal defense attorney has been featured on The National Trial Lawyers Top 100 list, the DUI Defense Lawyers Association, and the National Association of Criminal Defense Lawyers.
Call our law office in Lakeland, Florida, today to get started with a case evaluation.
Understanding Boating Under the Influence Laws in Florida
Florida’s waterways are enjoyed by many, but operating a boat under the influence of alcohol or drugs is illegal and can lead to severe penalties. It’s important to understand the laws governing BUI to appreciate the seriousness of the charges.
Florida Statute 327.35
Under Florida Statute 327.35, a person is guilty of Boating Under the Influence if they are operating a vessel and:
- Are under the influence of alcoholic beverages or chemical substances to the extent that their normal faculties are impaired; OR
- Have a blood alcohol concentration (BAC) of 0.08% or higher; OR
- Have a breath alcohol level of 0.08% or higher.
This means that even if you feel fine, you can still be charged if your BAC is above the legal limit.
Definition of a Vessel
In Florida, a “vessel” is broadly defined and includes every description of watercraft used or capable of being used as a means of transportation on water. This can encompass boats, yachts, sailboats, jet skis, and other personal watercraft.
Implied Consent Law
Florida’s implied consent law means that by operating a vessel in the state, you have consented to submit to a chemical test if suspected of BUI. Refusing to take the test can result in additional penalties.
Penalties for a BUI Conviction in Lakeland, FL
The consequences of a BUI conviction can be severe and may include fines, imprisonment, and other sanctions. The penalties depend on factors such as prior convictions and the specifics of the incident.
First Offense BUI
For a first-time BUI conviction, penalties may include:
- A fine ranging from $500 to $1,000
- Up to six months in jail
- Probation and community service
- Mandatory attendance at a substance abuse course
A first offense is typically treated as a misdemeanor, but it can still have lasting effects on your life.
Second Offense BUI
A second BUI conviction can lead to harsher penalties:
- A fine between $1,000 and $2,000
- Up to nine months in jail
- Mandatory imprisonment of at least 10 days if the second offense is within five years of the first
- Possible impoundment of your vessel
Repeat offenses demonstrate a pattern of behavior that courts take seriously.
Third Offense BUI
A third BUI offense is even more serious and can lead to felony charges, carrying higher fines and longer prison sentences in some circumstances.
Aggravating Factors
Certain circumstances can increase the penalties, such as:
- Having a BAC of 0.15% or higher
- Having a minor under 18 years old on board
- Causing property damage or bodily injury
Involvement in a boating accident resulting in serious injury or death.
In cases involving death or serious injury, charges can escalate to felonies like vessel homicide or manslaughter, carrying even more severe penalties.
Collateral Consequences of a BUI Conviction
Beyond the immediate legal penalties, a BUI conviction can have lasting effects on your life. These may include:
- Criminal Record: A conviction stays on your record, affecting employment opportunities and background checks.
- Professional Licenses: Certain professions may revoke or deny licenses due to a criminal conviction.
- Increased Insurance Rates: Your boat insurance premiums may rise, or you may have difficulty obtaining coverage.
- Loss of Boating Privileges: The court may suspend your ability to operate a vessel.
- Reputation Damage: Personal and professional relationships may suffer due to the stigma of a conviction.
These consequences highlight the importance of vigorously defending against BUI charges.
Defenses Against BUI Charges in Florida
Being charged with BUI doesn’t mean you will be convicted. Several defenses can be used to challenge the prosecution’s case. An experienced attorney can identify the most effective strategies based on the specifics of your situation.
Unlawful Stop
Law enforcement must have a valid reason to stop your vessel. Any evidence gathered may be inadmissible if the stop was conducted without reasonable suspicion.
Faulty Breathalyzer or Testing Procedures
Chemical tests must be administered correctly using properly calibrated equipment. Mistakes in testing procedures or equipment malfunctions can result in inaccurate BAC readings.
Lack of Probable Cause for Arrest
Even after a lawful stop, officers need probable cause to make an arrest. If they lacked sufficient evidence of impairment, the arrest could be challenged.
Medical Conditions
Certain medical conditions can mimic signs of impairment or affect BAC readings. For example, diabetes or hypoglycemia can cause symptoms similar to intoxication.
Violation of Rights
If your constitutional rights were violated during the arrest process, such as being denied access to an attorney, this could be a basis for dismissing charges.
Our attorney will thoroughly review all aspects of your case to determine the best defense approach.
Alternative Programs and Sentencing Options
In some cases, it may be possible to participate in alternative programs instead of serving jail time. Options may include:
- Probation: supervised release with conditions such as regular check-ins and abstaining from alcohol
- Substance Abuse Treatment: attending counseling or rehabilitation programs
- Community Service: completing a set number of service hours in the community
- Diversion Programs: for first-time offenders entering a program that, upon completion, may lead to charges being reduced or dismissed
Exploring these options can help minimize the impact of a BUI charge on your life.
Schedule a Consultation With Our Lakeland BUI Attorney
Facing a Boating Under the Influence charge in Lakeland, Florida, is a serious matter that requires immediate attention. Thomas C. Grajek, Attorney At Law is ready to help you navigate the legal system and fight for your rights.
With decades of experience, we are committed to providing dedicated and personalized representation. We understand what’s at stake and will work tirelessly to achieve the best possible outcome for your case.
Contact our experienced Lakeland BUI attorney today to schedule a confidential consultation. We’ll discuss your situation, answer your questions, and outline the next steps to take.