98) How BUI (Boating Under the Influence) differs from DUI? – Michael A Haber Miami DUI BUI Lawyer

July 28, 2016 / Michael A. Haber /

How does BUI differ from DUI?

BUI and DUI are very similar offenses. In fact the elements of the crime that the government must prove to secure a conviction are virtually identical, but there are some differences, 3 of which stand out:
First is the way that law enforcement comes into contact with the potential arrestee. On land either probable cause or reasonable suspicion is required to satisfy the 4 Amendment, but this is not the th case on water. On the water cops can (and do) use the pretext of a safety inspection to a) board, b) effectively search and c) even order the captain, owner or operator to perform tasks like running about the vessel, opening hatches, getting required safety equipment… all of which can not only form the basis of the officer’s opinion of impairment but which is also admissible in evidence as observations supporting the arrest.
Second is that since there is no “boating license” required to operate a vessel in FL, so unlike the case of a DUI, your refusal to blow on the water does not result in a license suspension; instead it results in a mandatory $500 fine which must be paid within 30 days or it automatically becomes a misdemeanor. Like with land based DUIs, your 2 subsequent refusal on the water is an independent crime. nd
Third is that the community service hours are mandatory. Unlike with land base DUIs, where Judge’s have discretion to convert all or any portion of your CSH’s to a fine (at the statutorily established conversion ratio of $10/hr), if you are convicted of a BUI you must complete all of your CSHs.

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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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 (sharky[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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