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Orlando Boating Under the Influence Attorney

Under the Influence 

While boating is certainly a favorite pastime for Floridians and those vacationing in Florida, being charged with boating under the influence is something that should never be taken lightly. Like DUI in which a motorist is suspected of operating a vehicle when impaired by alcohol or drugs, boating while under the influence will leave those convicted facing serious and even life-changing criminal penalties. At Adams & Luka, our Orlando DUI defense lawyers understand the uncertainty you feel and the fear of not knowing what is ahead. We work vigorously on behalf of our clients, always focusing on protecting your legal rights and obtaining the best results possible.

Boating under the influence, or "BUI," is not uncommon considering the number of people who enjoy getting out on a boat to fish, swim, ski, or just enjoy the beautiful weather. However, violation of Florida Statute §327.35 is a serious offense which could result in substantial fines, jail time, and more for those convicted. Whether your BAC (blood alcohol concentration) is found to be above the state's legal limit of .08 or the results of a urine test indicate a substantial amount of drugs, it is vital you consult with a skilled and capable Orlando criminal defense lawyer right away.

Defense to Charges of Boating Under the Influence in Florida

Developing a solid, effective defense is critical in fighting charges of boating under the influence. Our BUI attorneys will thoroughly review your case in determining the best way to proceed, so that your freedom and legal rights are protected. Some of the most common defenses used to fight these types of charges include:

  • Testing equipment is not properly calibrated
  • Errors made by law enforcement in the arrest process
  • Illegal police stop
  • BAC testing incorrectly administered
  • Faulty testing unit resulted in false readings or results
  • Equipment used for testing has a history of errors

Police must follow proper procedure when making an arrest, and must have reasonable suspicion to stop you. While there is no one defense that covers all boating under the influence cases, a dedicated defense lawyer will closely examine the prosecutor's case for strengths and weaknesses, and advise the defendant of various legal options such as pleading guilty or no contest in circumstances where the evidence is solid. Ultimately, the goal is to have charges dismissed or reduced, or to obtain an acquittal at trial.

Criminal Penalties for Boating Under the Influence in Orlando & Central Florida

Similar to the penalties an individual will face if convicted of driving under the influence, a BUI conviction will result in serious penalties that vary depending on whether it is a first or subsequent conviction. Penalties may include:

  • First conviction - Maximum fines of $1,000, maximum jail time of six (6) months.
  • Second conviction - Maximum fines of $2,000, maximum jail time of nine (9) months.
  • Third conviction - Maximum fines of $5,000 when the conviction is outside of a ten-year period of past convictions, maximum of one (1) year in jail.
  • Fourth conviction - Minimum fines of $2,000, maximum of five (5) years in prison.

In situations where an individual's BAC is .15 or higher, fines and jail time increase. For a first offense, maximum fines are $2,000 and maximum jail time nine (9) months. For a second offense, maximum fines of $4,000 and maximum jail time of twelve (12) months.

It is also important to note that criminal penalties will increase significantly if another person is injured or killed in a boating accident involving BUI, or another individual's property damaged.

Contact Adams & Luka Today

It is not our job to judge those who have a drink while boating; we understand that boating is a pleasurable experience, and that people do enjoy a beer or a drink while boating on occasion. Our job is to protect your reputation, freedom, and legal rights. A criminal record could impact employment opportunities, a current career, obtaining housing, and much more. If you have been arrested for boating under the influence, take action immediately to avoid damage to your life and possible loss of your freedom. Call Adams & Luka now for a free consultation at (407) 872-0307 or(352) 787-2101.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink