97) Do I have to be “Captaining” (at the helm) a boat to get a BUI? – Michael A Haber Miami Lawyer

July 28, 2016 / Michael A. Haber /

Do I have to be “Captaining” (at the helm) a boat to get a BUI”

Most DUIs are easy. Whomever was driving gets popped. But, when it comes to BUI’s no one has to be physically navigating a boat and there doesn’t necessarily need to be a captain at the helm for someone to get a BUI. So when it comes to BUI’s the issue of who gets charged can get a little more complicated, then it is on land, and by defining the word “operator” Florida boating laws make it very clear about who will get charged with a BUI when no one is at the wheel.
So who gets charged with a BUI if no one is at the helm but everyone on board is intoxicated? If the officer can’t tell who is in charge then, according to FL Statute 327.02(27) to “operate” a boat means to either be 1) in charge of or 2) in command of 3) in actual physical control of a vessel upon the waters of this state, or 4) to exercise control over or 5) to have responsibility for vessel’s navigation or safety while the vessel is underway upon the waters of this state.
Think about this the next time you are partying at the sandbar. Just as is the case with a car, when you are boating it is an excellent idea (not just from a legal standpoint but also as a practical matter) to have a designated driver.
If you have someone who is sober to assume responsibility for getting all of the vessel’s occupants safely back to port then a BUI (and a potential boating catastrophe) can be easily avoided.

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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