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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.

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  • "Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future."
    Travis and I and our entire family would like to thank you for the excellent job you did on the recent Traffic Ticket case against Travis. We found you to be very generous, very professional, and very competent. Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future. You also saved me from an economic expense that I could ill afford at this time. I heard a rumor that you might be thinking about a possible run for the State Legislature in the future. You would certainly have my vote and my support with everyone I know. We would highly recommend you to anyone who is in need of a good attorney. You have given us a new and much improved opinion of the legal profession. Very best wishes for the future and much appreciation for the job you did.
    V.L.
  • "I am genuinely grateful that I was represented by Mr. McCarthy and the Law Offices Bryan J. McCarthy."
    Mr. McCarthy and Ms. Harris were as professional, responsive and informative as I could have hoped for throughout this entire process. I was treated with respect and transparency from the front desk through the closing of my case, and left each interaction feeling more relieved and confident than before. Most importantly, Mr. McCarthy delivered on what he promised me at our initial consultation. For all the above reasons, I am genuinely grateful that I was represented by Mr. McCarthy and the Law Offices Bryan J. McCarthy.
    B.J.
  • "He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend!"
    I hired Mr. McCarthy and could not have made a better choice! He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend! Needless to say his preparation paid off for me! The hearing was ruled in my favor thanks to Attorney Bryan McCarthy! I would high recommend Bryan to anyone!
    J.M.