What is BUI”
BUI, stands for Boating Under the Influence.
F.S. 327.25 contains the BUI Law in FL. It is almost identical to FL’s DUI Law (which is found at 316.193) and it makes it unlawful for someone to 1) Operate a “vessel” while either 2a) Having a BAC of .08 or greater, or .02 if the vessel’s operator is under 21 years old (the same standard for the rebuttable “presumption of impairment” in DUI cases) or 2b) Having “impaired normal faculties” due to the influence of alcohol, chemical or controlled substances.
Most BUI arrests stem from a law enforcement officer observing erratic, reckless or careless vessel operation, but a BUI arrest can occur where there was no objective sign of impaired operation, such as during a routine “boating safety inspection” or a “compliance” inspection, such as for fish or other marine life sizing checks.
If a LEO believes that the vessel’s operator is BUI then, just like a DUI, you can be arrested and prosecuted for, and even convicted of, BUI, and this holds true whether you provide a breath or blood sample or you choose to refuse.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
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