Defense of BUI Charges in Stuart Florida
Christian Van Riper, Esq., Stuart Criminal Defense Attorney & BUI Defense Attorney
Operating a boat under the influence of alcohol or drugs is a serious matter in Florida. It is important to speak with an experienced criminal defense attorney soon after the arrest. As a Stuart criminal defense attorney, and boat owner, here in Stuart, Florida, I work hard in defending my clients and fellow boat owners charged with Boating Under the Influence.
Understanding BUI Law in Florida
Under Florida Statute 327.35, persons commits a BUI if they operate a vessel and:
- Are impaired to the point that their normal faculties are affected.
- Have a blood alcohol level reading of .08%+, or a breath alcohol reading of .08%+.
BUI Enhanced penalties apply if the BAC is .015% or higher, or if a minor is aboard the vessel.
Penalties for BUI in Florida
The penalties for a BUI conviction in Florida can be severe and may include fines, probation, community service, mandatory alcohol education programs, and even imprisonment. The consequences can be enhanced if it is a repeat offense or if the BUI incident resulted in property damage, injury, or death.
Florida BUI Defense Strategies
- Challenging Probable Cause. If officers boarded your vessel without probably cause, especially under new law (Boater Freedom Act).
- Questioning Field Sobriety Tests. Physical balance and coordination, during sobriety testing, while on a boat may be problematic. Environmental factors, such as sea conditions, may undermine the reliability of the tests.
- Examining Chemical Testing. Breathalyzers and blood tests must follow strict calibration and chain-of-custody standards.
- Reviewing Miranda and Arrest Procedure. Improper arrest steps leading to the BUI charge or the absence of Miranda warnings may result in evidence suppression.
Note: certain medical conditions may cause incorrect BAC readings.
Why Local Representative Matters to the Defense of BUI Charges in Stuart Florida
Practicing BUI Criminal Defense Law in Martin and St. Lucie counties, I understand how local law enforcement agencies, such as Martin County Sheriff’s Office, St. Lucie County Sheriff’s Office, Florida Fish and Wildlife and other agencies enforce boating laws. I am also very familiar with the local waterways of the Treasure Coast. I am also very familiar with 19th Circuit-specific procedures and how prosecutors handle such cases as I was a prosecutor in this Judicial Circuit that serves Martin and St. Lucie counites.
Taking the Next Steps
If you have been charged with a BUI in Martin, St. Lucie or anywhere along the Treasure Coast, time is of the essence. I may be reached 24/7 by calling 772-283-8712. Consultations with me are free.
Veteran Discount
We are a veteran-owned Stuart, FL criminal defense law firm. We offer a discount for all US military veterans charged with Boating under the Influence.
Christian Van Riper, Esq.
Van Riper and Nies Attorneys, PA
900 SE Ocean Blvd, Ste. 140-E
Stuart, FL 34994