IN FLORIDA CAN I GET A DUI ON A BOAT? YES.
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ATTORNEY PROFILE

FRANK D. BUTLER is an attorney in the State of Florida for the past 22 years and is licensed in every Court in Florida, including all state and federal courts. Frank is an avid outdoor enthusiast and represents people injured in boating accidents and cruise ship injuries. You should be careful to hire an attorney who knows the issues specific to cruise ship cases and boating accidents.

I grew up in Florida and have been around the boating and marine industry my entire life. I have filed suit against all of the cruiselines that operate in Florida and have successfully handled boating cases throughout Florida. It’s what we do. Maritime law is very complex and you need to make sure that the attorney you choose has experience in handling these types of cases.

Many attorneys advertise for boating injury and cruise ship cases. See our “Very Important Information” under the Cruise Ship button and our “10 Things You Need To Know” under the Boating Accidents button. If the attorney you are considering cannot answer these questions, you should consider whether they actually handle these types of cases.
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Why would an attorney just advertise for boating or cruise cases if they do not handle them? First, an attorney can refer your case to a maritime attorney and collect a referral fee. Second, an attorney can try to handle your boating or cruise ship claim even if they have never handled one at all. At our law firm we do not handle real estate law, bankruptcy, divorces, contracts, criminal law, probate, tax matters, medical malpractice, etc.

Your consultation with us is at absolutely no charge to you. There are no fees and no costs to you unless we win your case. See our Cruise Ship button and Boating Accidents button for very important information you should know regarding your claim. Maritime law imposes shorter statutes of limitation than most state courts.


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Serving all of Florida
Our base office is in Pinellas Park, FL

IN FLORIDA CAN I GET A DUI ON A BOAT? YES.

IN FLORIDA CAN I GET A DUI ON A BOAT? YES.

Yes, you can get a DUI on a boat in Florida. In Florida, law enforcement officers call it boating under the influence, “BUI”. This rule is governed by Florida Statute 327.35 which states that if a person is the operator of a vessel and has a blood-alcohol level of 0.08 or more they are guilty of boating under the influence. The penalties increase for 2nd,  3rd, and 4th convictions.  Also, if the blood-alcohol content is above 0.15, the penalties are enhanced.

Penalties for BUI can include jail time, referral to a drug treatment program, monthly probation reporting, costs of drug treatment and court costs, impoundment of the vessel, and hours of community service.

Not well known is that a conviction for out-of-state DUI, or DWI, or driving with an unlawful blood-alcohol level, or similar drug-related traffic office, is considered a previous conviction in Florida. If injury occurs while the operator of the vessel is under the influence of alcohol, additional penalties apply.

What is also not well known is that under federal law, a BUI arrest can be made for as little as a 0.02 blood-alcohol level.

What if my vessel is anchored?

Under Florida Statute a person can be held responsible for BUI if the person is “in command of” or “in actual physical control of a vessel” while the vessel is “underway”. “Underway” has been defined to mean except when a vessel is anchored, moored, ashore, or aground. So if the vessel is anchored, the operator is probably not going to get a BUI—unless the operator is operating the vessel with the anchor engaged.

Possible punitive damages and confiscation of the vessel.

Where injuries occur as a result of a BUI operator, additional civil penalties can occur as well. The injured person or heirs can seek punitive damages against the operator of the vessel, which are not typically covered by liability insurance. In some cases the vessel itself can be sued and taken from the owner.

INJURED BY DRUNK BOATER? WE ARE MARITIME ATTORNEYS.

Boating DUI Attorney, Frank Butler

IN FLORIDA CAN I GET A DUI ON A BOAT? YES.

Yes, you can get a DUI on a boat in Florida. In Florida, law enforcement officers call it boating under the influence, “BUI”. This rule is governed by Florida Statute 327.35 which states that if a person is the operator of a vessel and has a blood-alcohol level of 0.08 or more they are guilty of boating under the influence. The penalties increase for 2nd,  3rd, and 4th convictions.  Also, if the blood-alcohol content is above 0.15, the penalties are enhanced.

Penalties for BUI can include jail time, referral to a drug treatment program, monthly probation reporting, costs of drug treatment and court costs, impoundment of the vessel, and hours of community service.

Not well known is that a conviction for out-of-state DUI, or DWI, or driving with an unlawful blood-alcohol level, or similar drug-related traffic office, is considered a previous conviction in Florida. If injury occurs while the operator of the vessel is under the influence of alcohol, additional penalties apply.

What is also not well known is that under federal law, a BUI arrest can be made for as little as a 0.02 blood-alcohol level.

What if my vessel is anchored?

Under Florida Statute a person can be held responsible for BUI if the person is “in command of” or “in actual physical control of a vessel” while the vessel is “underway”. “Underway” has been defined to mean except when a vessel is anchored, moored, ashore, or aground. So if the vessel is anchored, the operator is probably not going to get a BUI—unless the operator is operating the vessel with the anchor engaged.

Possible punitive damages and confiscation of the vessel.

Where injuries occur as a result of a BUI operator, additional civil penalties can occur as well. The injured person or heirs can seek punitive damages against the operator of the vessel, which are not typically covered by liability insurance. In some cases the vessel itself can be sued and taken from the owner.

INJURED BY DRUNK BOATER? WE ARE MARITIME ATTORNEYS.

By : First Page Attorney | July 3, 2018 | Boat DUI