What are the penalties for BUI in FL?
BUI penalties are very similar to DUI penalties, the main differences surround driver license and community service issues.
If you are convicted of a 1 BUI in FL then the following penalties can st be imposed: A $1000 fine, up to 6 months jail, up to 1 year probation, a drug evaluation and any recommended treatment, mandatory 50 hours of community service, and a 10 day vessel impoundment.
Note that unlike DUI with a BUI there is no driver license suspension (because you do not need a driver license to operate a boat in FL) and, also unlike DUI, in the case of a BUI the Judge cannot convert your CSH’s to a fine… you must do them all.
Note also that if you refuse a breath test on the water then you are subject to an automatic $500 fine for a 1 refusal; a 2 subsequent st nd refusal – meaning if you refuse in a 2 subsequent incident – constitutes nd an independent crime, just as it does on land.
If you are under 21 years old then there is a “zero tolerance” policy. This means that the legal limit is dropped from the adult standard BAC of .08 to .02, that if you give a preliminary breath test with portable breath/alcohol analyzer then the results are going to be both presumed accurate and admissible in BUI prosecutions and if you refuse you will automatically be required to complete 50 CSH’s and you will not be permitted to lawfully operate a vessel until you have completed those 50 CSHs.
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