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Sunday, January 03, 2016

Tampa Attorney BUI | Boating Under Influence | Gasparilla Arrest

BUI Boating Under the Influence Tampa Lawyer
Tampa Attorney BUI
Boating Under the Influence

What can boat operators expect during the Gasparilla celebration in Tampa, Florida?

Gasparilla Florida BUI Lawyer (Boating Under the Influence ) expects an uptick in enforcement for the Gasparilla Pirate Fest Weekend. Operating a vessel while impaired is a criminal offense. Under Florida boating laws, it is illegal to operate a boat or any type of watercraft while under the influence or impaired by alcohol. A BAC or blood alcohol content level of 0.08% or higher, can result in a charges also. Under the age of 21, a level higher than 0.02% can result in charges.

Quick Fact on Refusal to Submit to Testing

Vessel Operators who have previously refused to submit to chemical test can be charged with a separate misdemeanor crime. Learn more about the consequences of a second refusal to submit here.

In one recent Piratefest weekend there were 5 Gasparilla BUI Boating Under the Influence Arrests. The Police, Sheriff's Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests made on the water. See Tampa Attorney BUI Tampa Lawyer BUI Video Below.

Fla Stat 327.35 
Boating under the influence

Penalties for BUI - boating under the influence can include jail time, fines up to $500.00 for 1st offenses, fines up to $1,000 for 2nd offenses, and drug and alcohol rehabilitation programs. Those facing 3rd and 4th convictions of BUI are often charged with a felony instead of a misdemeanor.

Gasparilla Tampa, Florida BUI Boating Under the Influence Lawyer Attorney Video

BOAT3051 Florida Statute 327.35.1 Misd 2nd BOATING UNDER THE INFLUENCE

Fla Stat 327.35
Boating under the influence; penalties;
(1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $500 or more than $1,000 for a first conviction.

b. Not less than $1,000 or more than $2,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.