NW Florida BUI Defense Lawyer Explains What to Do If You’re Arrested for BUI Near Crab Island
Crab Island is a popular boating spot near Destin, Florida, where locals and tourists alike enjoy spending time on the water and enjoying the beautiful Gulf Coast. Law enforcement is very concerned with ensuring that everyone can enjoy the area safely, which means they are always on the lookout for people who may be operating a boat while under the influence.
If you find yourself being charged with BUI near Crab Island, the consequences can be quite serious. BUI convictions carry severe penalties in Florida, so it’s important to hire an experienced defense attorney based in the local area to represent you. Here, an experienced BUI defense lawyer from Northwest Florida-based Flaherty & Merrifield explains what steps to take if you are arrested for BUI in this area, the potential consequences of your charges, and why you need a lawyer.
How to Handle a BUI Arrest Near Crab Island
Being charged with BUI is similar to DUI, except the vehicle operator was operating a marine vessel rather than a car. Whether you are local to Northwest Florida or if you are visiting the area from elsewhere, it’s important to contact an experienced local BUI defense attorney as soon as possible, such as the Flaherty & Merrifield team.
Remain Legal Counsel and Call a Local Defense Attorney
The sooner you engage an attorney, the earlier in the process they can advise you on how to proceed in your best interest. When you are stopped for suspicion of BUI or are arrested, it is in your best interest to remain calm and interact with the officer politely, as acting hostile towards them could complicate things and potentially worsen the situation.
Know the Criteria for a BUI Arrest in Northwest Florida
A person of legal drinking age can be charged with a BUI in Florida if their BAC is above 0.08%, while an underage boater can be charged with BUI if there is any detectable alcohol in their system at all. In Florida, law enforcement also has the right to arrest and charge a person with BUI based on observations that lead the officer to believe the person was operating a marine vessel while impaired by alcohol or illegal drugs or with their normal faculties impaired by a controlled substance.
Make an Informed Decision About Taking a Breathalyzer
The officer will likely ask you to submit to field sobriety tests, then request you to blow in a breathalyzer. You can refuse to take a breathalyzer test if you are stopped under suspicion of BUI in Florida. If you refuse, you must pay a $500 civil penalty. Whether or not to submit to a breathalyzer is up to you. However, if you contact a Destin DUI defense attorney right away, they can advise you based on the information you share about your specific situation.
You should be aware that if law enforcement doesn’t have documentation that your blood alcohol content (BAC) was above the legal limit, then your attorney can raise issues that allow them to fight to have your charges reduced or dismissed.
Potential Consequences of a BUI Arrest Near Crab Island
If you are stopped for suspicion of BUI near Crab Island, it’s critical that you understand the seriousness of the situation and seek legal advice right away to avoid making mistakes that could negatively impact your case and lead to a conviction. If you are convicted of BUI in the Destin area or elsewhere in Florida, the potential consequences include:
- Felony charge. If someone was injured while you were operating a watercraft and under the influence, you can be charged with a first or second-degree felony. This can have lifetime consequences since felony charges stay on record forever.
- Costly fines. Those charged with BUI are required to pay fines. For your first conviction, the minimum fine is $500. For a second conviction, the minimum fine is $1,000.
- Imprisonment. If you are convicted of BUI, you may face jail time. For a first conviction, you may be sentenced to up to six months in jail and longer if you have a previous BUI conviction.
- Probation. A BUI conviction can lead to probation, which requires monthly check-ins with a probation officer. If you violate the terms of probation, additional consequences may apply.
- Substance abuse course. You will also be required to pay for and attend a substance abuse course and follow through with evaluations or treatments recommended by the course agency.
- Community service. If you are convicted of BUI, you’ll be required to complete at least 50 hours of community service.
- Boat Immobilization. Your boat will be immobilized for 10 days following your BUI charge.
- Criminal record. A BUI conviction will result in a criminal record, which can affect your life in many ways, including negatively impacting your employment prospects.
- Previous conviction. If you are later convicted of DUI for the first time, it will not be treated as a first offense. Instead, your first DUI will count as a second offense if there is a BUI on your record.
Ways a Local Attorney Can Defend Your BUI Case
Hiring a BUI criminal defense attorney’s experience can make all the difference in securing a successful outcome. Each client’s situation is unique. Depending on the circumstances of your arrest and the facts of your case, an experienced defense attorney may be able to reduce your charges or have them dismissed. Examples of potential BUI defenses the Flaherty & Merrifield team may consider include:
- Probable cause. We will examine all evidence to verify whether the arresting officer had probable cause to question your sobriety. If they lack probable cause, their case will be drastically weakened.
- Officer’s conduct. If the officer was aggressive or didn’t conduct themselves professionally during their questioning and the following arrest, your defense will be strengthened.
- Medical conditions. If you have a medical condition that affects how you act, this may lead to reduced charges. For example, if you have a condition that affects your balance, such as vertigo, you might not be able to walk in a straight line, which would cause you to fail a field sobriety test, even if you are 100% sober.
- Medications. Some prescribed medications affect blood and chemical tests. The BAC that is read from these tests may be inaccurate if you take a prescription medication. Providing a record of your medication to the court can help your defense.
- Environmental factors. Environmental factors, like the natural rocking and swaying of the boat, can sometimes make an operator appear impaired, even when that is not the case.
At Flaherty & Merrifield, we have experience defending Crab Island BUI cases and firsthand knowledge of Northwest Florida law enforcement and courts. For example, one of our clients was arrested for a BUI at Crab Island. He was in the military and was worried about this arrest affecting his career. We spotted the moment of greatest leverage and turned the case around for him. We submitted a plea to reduce the charge of Reckless Operation. Through our thorough review of evidence and fast action, we were able to reduce the charges he faced and eliminate probation. He was able to keep his job and avoid a criminal conviction. Contact us for a free consultation to learn how we can help you.
