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.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
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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