Differences between a Florida DUI and BUI

Brian Mallonee shared a story:

What are the differences between a Florida DUI and BUI? Not much. Florida treats both charges with seriousness. That is why you should treat your arrest of BUI or DUI seriously.

The Differences between a Florida DUI and BUI

One difference is what happens if you refuse a BAC test. With a road vehicle, you will lose your driver’s license. With a boat, you will receive a $500 fine. It’s part of signing your driver’s license.

The other is an ignition interlock device. They can be installed on your car, but not your boat. Since Florida doesn’t require an operator’s license for your boat, you can’t have your boating license revoked.

Florida DUI and BUI Penalties

The following chart shows what can happen to you with a Florida DUI and BUI conviction. Remember that BUIs and DUIs are cumulative. If you already have a BUI or a DUI, a second conviction of either bumps you from first time offender to second time offender.

1st offense DUI BUI
Monetary penalty $250 to $500 $250 to $500
Imprisonment Up to 6 Months Up to 6 Months
Ignition Interlock Yes No
License Revocation Minimum of 180 days No
Vehicle Impoundment Impoundment for 10 days Impoundment for 10 days
DUI School 12 Hours  
Community Service 50 Hours 50 hours
Probation Up to 1 Year Up to 1 year
BAC refusal Suspension of license for 1 year $500
Drug treatment evaluation Possible Possible
BAC of at least .15% or passenger under 18 years old Second Degree Misdemeanor

Up to 9 months in jail

Fines from $1,000 to $2,000

Second Degree Misdemeanor

Up to 9 months in jail

Fines from $1,000 to $2,000

Accident involving property damage or minor injuries to another First Degree Misdemeanor

Up to $1,000

Up to 1 year in jail

First Degree Misdemeanor

Up to $1,000

Up to 1 year in jail

Accident involving serious injury to another Third Degree Felony

Up to $5,000 fine

Up to 5 years in prison

Third Degree Felony

Up to $5,000 fine

Up to 5 years in prison

Accident involving death of another Second Degree Felony

Up to $10,000 fine

Up to 15 years in prison

 

First Degree Felony

Up to $10,000 fine

Up to 30 years in prison

Second Degree Felony

Up to $10,000 fine

Up to 15 years in prison

 

First Degree Felony

Up to $10,000 fine

Up to  30 years in prison

 

What can a DUI and BUI Attorney Do?

A Florida DUI and BUI attorney like Brian Mallonee will use grey areas in your defense. For instance, in a boat, it can be hard to determine who was the operator. The Florida state statute F.S. 327.02(27) defines an operator as the person in charge of, in command of, or in physical control of a vessel. It is not always easy to tell who was the operator and law enforcement can make a mistake.
Probable cause is also an issue. A law officer must have probable cause to stop your car, but not your boat. This skirts very closely to a 4th Amendment violation.

The roadside sobriety tests used by law officers can be a challenge on the water. It can be a challenge to walk a straight line on a rocking boat. This makes refusing a subsequent BAC test and the resulting penalties suspect.
If you have questions about your BUI/DUI charge or think that it was wrongly issued, contact Brian Mallonee. Your initial consultation is free. The penalties are too great to take a chance on a conviction.

About Brian H. Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Florida BUI Checkpoints

Brian Mallonee shared a story:

One of the most dubious parts of BUI enforcement is the use of BUI checkpoints. If you were stopped at a BUI checkpoint and charged with a BUI, you may be in trouble! Seriously consider contacting a BUI attorney like Brian Mallonee.

BUI Checkpoints in Florida Waterways

Florida takes BUI very seriously. To that end, they have the authority to set up floating BUI checkpoints. Just like a DUI checkpoint, the officer must make a judgement call on whether or not you have been drinking to the point of legal intoxication. Because of this, they can make mistakes. You might be an inexperienced boater, suffering from sea sickness, or from the boat’s motion. Yo may be suffering from “boater’s fatigue.”

If you believe you were wrongly charged, don’t delay in contacting a BUI attorney like Mr. Mallonee.

Who Can Operate BUI Checkpoints?

Any law enforcement officer can enforce boating safety laws. The US Coast Guard, Florida Fish and Wildlife officers, and sheriff deputies are empowered to work Florida’s waterways and seaways.

Not only can they set up checkpoints, but they can stop you for safety checks, fishing compliance and for violating speed or wake regulations. They can even require you to leave the water.

Depending on where you were stopped, you may be prosecuted in either state or federal courts. It’s a bit complicated, so consider talking to an attorney.

What Types of Watercraft are Included in BUI Checkpoints?

Motorized watercraft (yachts, yacht tenders, jet skis, wave runners, pontoon boats, runabouts, cabin cruisers, go-fast boats, airboats, inflatable or semi rigid boats) seem to get most of the BUI focus. However, non-motorized watercraft are included. These include sailboats, kayaks, paddleboards, canoes, and non-motorized inflatable or semi rigid boats. The list includes both work and pleasure boats, foreign and American flagged.

What Can Happen After a BUI Charge?

A BUI can lead to a criminal record, probation or jail time, fines, community service, and loss of your boat. The charges are compounded. A BUI counts against your DUI record. For instance, if you have one DUI, a BUI is considered as a second DUI with the associated consequences.

About Brian Mallonee

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


BUI Felony Convictions

Brian Mallonee shared a story:

What happens if your BUI resulted in property damage or in serious injury? You can be charged with a misdemeanor for property damage, or with a felony for injuries or death. BUI felony convictions are very serious. If you have been charged with a BUI, you should contact a Treasure Coast attorney like Brian Mallonee.

BUI Property Damage

If your BUI caused or contributed to property damage, you are facing conviction of a misdemeanor in the first degree and imprisonment of up to twelve months.

BUI Felony Serious Bodily Injuries or Death

Conviction of a BUI causing/contributing to serious bodily injury to another is a felony in the third degree. This is punishable with up to seven years in prison.

A BUI causing/contributing to death can be charged as a felony in the second degree, punishable up to fifteen years in prison.

You can be charged with a felony in the first degree if you, as the operator of the boat, knew about accident but did not give information or render aid. This can result in up to ninety-nine years in prison.

Life After a Felony

If you are convicted of a felony, punishment continues after your prison term ends. The following are rights that many felons lose:

  • Vote
  • Travel abroad
  • Bear or own guns
  • Serve on a jury
  • Seek employment in certain fields
  • Apply for public social benefits and housing
  • Access all parental benefits

As you can see, a felony conviction carries heavy penalties. Please contact a BUI attorney if you were charged with a BUI, especially if your incident involved property damage, bodily injury or death. These charges are serious and a good BUI lawyer like Brian Mallonee can help you navigate the court system.

Many people consider Brian Mallonee’s law offices as the best when it comes to defending people accused of BUI. Regardless of what legal services you need, Brian Mallonee will be there for you. He will represent you from pre-arrest intervention, through investigations, and trial or plea bargaining. Should you need it, his representation will continue after the trial with sentencing mitigation and appeals.

About Brian H Mallonee

If you need of a BUI attorney on the Treasure Coast, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is handled by one of the most aggressive, distinguished defense attorneys in Florida. Contact Treasure Coast criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Should I Plead Guilty to BUI

Brian Mallonee shared a story:

Florida law takes BUI very seriously. If you were arrested for a BUI, you should contact an attorney. Brian Mallonnee knows the laws that govern the penalties around BUI convictions. You should understand the law before you plead guilty to BUI.

What Happens if I Plead Guilty to BUI

Your case must be adjudicated if you plead guilty or no contest. This means that the judge will decide your penalty. Contacting a BUI attorney and understanding your rights can help you decide if this is the proper course for you.

Once you plead guilty or no contest, you are placed on a mandatory monthly reporting program. You will have a psycho-social evaluation and may have to attend a DUI program. The court will assign you a mandatory minimum fifty hours of community service for your first BUI. There is no “buy-out” option. Your boat will be impounded. If it was not your boat, the court may impound a vehicle registered in your name.

Implied Consent and BUI

Just like suspected drunk driving, drunk boating is covered by Florida’s implied consent statute. When you signed your Florida driver’s license you agreed to take a blood, urine or breath test on request by a law officer. The officer must tell you that refusal will result in your license being suspended for one year.

Before you plead guilty or no contest to a BUI, you should seriously consider calling a BUI attorney like Brian Mallonee. The law is complex and a good attorney can guide you through the pitfalls. A good lawyer may be able to get charges dropped or reduced. Brian Mallonee has a proven track record of aggressively fighting for his clients’ best interests. Don’t go it alone. The consequences are serious.

About Brian Mallonee

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Florida BUI (Boating Under the Influence) Laws

Brian Mallonee shared a story:

Boating under the Influence (BUI) is one of the most serious “under the influence” charges you can have in Florida. More than one third of all boating fatalities in Florida involve alcohol. One half of all boating accidents in the US involve alcohol. It is a serious problem. If you have been charged with Florida BUI, you should consult with a St. Lucie BUI lawyer immediately.

What is a Florida BUI?

A BUI is similar to a DUI. You can be stopped by federal, state and county law enforcement if you appear to be intoxicated. If your normal faculties are impaired or if your blood-alcohol (BAL) level or breathe-alcohol is 0.08%, you can be charged with a BUI. The state of Florida takes a serious stance on BUIs in order to minimize injuries and deaths from BUIs

Why is a Florida BUI Dangerous?

The US Coast Guard states that “alcohol is more hazardous on water than on land.” This is because of “boater’s fatigue.” Adding heat, sun, noise, wind, glare and boat motion in with alcohol or drugs can add to the boat operator’s physical and mental abilities. However, those factors can also factor into getting charges reduced or dropped.

What are Florida BUI Penalties?

If you go to trial for a BUI, any previous DUIs or DWIs will be considered as well. The reverse to true as well – your BUI will count when a DUI is under legal consideration. If you have a charge of a BUI of 0.08% and NO minors on board, these are the possible consequences:

First BUI Conviction

  • Fine between $250 to $500
  • Imprisonment up to six (6) months

Second BUI Conviction

  • Fine between $500 to $1,000
  • Imprisonment up to nine (9) months

Third BUI Violation (10 or more years after a prior)

  • Fine between $1,000 and $2,500
  • Imprisonment up to twelve (12) months

Third BUI Violation within 10 Year of a Prior (Felony in the Third Degree)

  • Imprisonment up to five (5) years
  • Fourth or Subsequent BUI (Felony in Third Degree)
  • Fine more than $1,000

We will examine additional penalties of BUI in a future blog. These charges are very serious. If you have been charged with a BUI, contact a St. Lucie BUI lawyer right away. You future may depend on it.

About Brian Mallonee

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Why Hire a Fort Pierce DUI Attorney

Brian Mallonee shared a story:

If you have been arrested for a DUI in Fort Pierce, call a Fort Pierce DUI attorney. A DUI is a very serious charge, and you don’t need to face the legal system alone.

Fort Pierce DUI Laws

While your case might seem open and shut, there are still ways to bring doubt to the charges. Brian Mallonee is an expert in Florida DUI laws and in getting charges reduced. He may be able to get your charges, fines, and penalties lessened or dropped. Brian Mallonee will complete all the documents and will work directly with the legal system and insurance companies.

Fort Pierce DUI Consequences

The consequences are serious. Penalties include losing your license for up to three years or face stiff fines. Your insurance rates may increase or may be cancelled all together. You may be fired if your job requires a driver’s license.  You can be barred from applying for certain professional licenses,. Consequences can include jail time if anyone was hurt or killed.  If you are a juvenile or this is a second DUI, your consequences can be even more severe. Brian Mallonee knows Florida law. Contact him for a free legal consultation.

When to Hire a Fort Pierce DUI Attorney

Hire an attorney if:

  • You have multiple DUI cases
  • Your DUI resulted in an injury or death
  • Your blood alcohol limit more than double the state limit
  • This is your second or more DUI arrest
  • A DUI charge affects your employment
  • A DUI charge prevents you from getting a professional license
  • You do not know or understand the DUI laws

Your DUI attorney will look into the case and determine the possible consequences. He will come up with a plan to minimize damages and possible court decisions. He will defend DUI offenders with aggressive, ethical tactics to get the best-case outcome. The DUI lawyer’s primary duty is to ensure the accused has a fair trial. A DUI lawyer will look for weaknesses in your case. These include insufficient evidence, violation of client rights, unreliable chemical tests, and inconsistent testimonies. Your first consultation with Brian Mallonee is always free.

About Brian H Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has  an extensive history of winning difficult cases. Rest assured that your case is being handled by one of the most aggressive, distinguished defense attorneys in Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


DUI Checkpoints in St Lucie

Brian Mallonee shared a story:

Most DUI checkpoints in Saint Lucie and other nearby areas are usually conducted during holiday season. However, law enforcement can set up a check point at any time. Check points have been shown to effectively reduce accidents. Their use has been upheld by the US Supreme Court. However, not all DUI checkpoints are legal and not all arrests are valid. If you have been arrested at a DUI checkpoint, you still have rights and a good DUI attorney like Brian Mallonee may be able to get the charges dismissed or lessened.

Legal requirements for DUI Checkpoints in St Lucie

Law enforcement must follow several laws when setting up DUI checkpoints. If they follow these rules, Florida law allows DUI checkpoints. However, violation of any of these rules can lead to dismissal of a case. The laws are:

  • Law enforcement must get approval before setting up a checkpoint
  • The location, time and duration of the checkpoint must be established by administrative/supervisory personnel
  • Drivers must be warned by signs, flags, flares etc. to stop traffic in a safe manner
  • Law enforcement must use systematic and non-random criteria for stopping motorists (for instance, every third car)
  • Drivers must be notified that the checkpoint is official
  • Drivers can be detained for a minimal amount of time

What Happens at a DUI Checkpoint

When you are stopped, the officer will ask for your license, registration and proof of insurance. They are attempting to determine your sobriety. If they suspect you, they will then ask you to take a Breathalyzer test.

In Florida, we have an implied consent law for suspicion of driving under the influence. This means you have “given” consent for a blood, breath, or urine test to determine your blood alcohol content (BAC). If you refuse you will lose your license for one year.

Despite this, there are ways to dispute the findings of a BAC tests. There can be many errors in the collection, handling and testing of a sample. Brian Mallonee knows the limitations of BAC testing and will use these as needed in your case.

4th Amendment and DUI Checkpoints

The 4th amendment guards people against unreasonable search and seizure. Both BAC testing and DUI checkpoints have been challenged. The US Supreme Court has determined that public safety is more important than individual rights. However, there may be new situations that challenge these rulings. In addition, if the rules governing DUI checkpoints in St Lucie are violated, your 4th amendment rights may have been violated.

The officer has the right, if following the rules set out above, to request your documents and to speak to you. They do not have the right to search you or your vehicle without probable cause. You can refuse to answer their questions and ask only if you are free to go.

If you have been arrested at a DUI checkpoint in Saint Lucie or surrounding area, you should seriously consider contacting a DUI attorney like Brian Mallonee. There are grey areas in DUI checkpoints that can be used to help your case. Brian Mallonee is an expert in DUI law and may be able to get your case dropped or the charges reduced. Your first consolation with Mr. Mallonee is free.

About Brian H Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.

 


St Lucie DUI Lawyer’s Job

Brian Mallonee shared a story:

If you have been arrested for a DUI, you should seriously consider hiring a St Lucie DUI lawyer. Having a good lawyer working with you can make a huge difference in the outcome of your case. Brian Mallonee is considered one of the best in the Stuart/Vero Beach/Fort Pierce/Port St. Lucie area. A good DUI lawyer understands the court system and what you are facing at each step of the way. Whether this is your first time or you are a repeat customer, Mr. Mallonee can help you. So, just what is a St Lucie DUI lawyer’s job?

What is a St Lucie DUI Lawyer’s Job?

Investigation 
A St Lucie DUI lawyer’s job is to represent you. He will gather evidence. It might be the police report, witness interviews, or visiting the site. There may be insufficient evidence or inconsistent testimonies. The chemical tests (breathlyzer, etc) may be unreliable. There may have been violations of your rights. This information will help the lawyer decide on the best possible defense.

Intervention 
This is the stage between the arrest and the formal charges. Your DUI lawyer may be able to get the case resolved, reduced, or even dropped.

Negotiation 
Brian Mallonee loves to argue and negotiate for the best possible outcome for his clients. There are many points during the case at which he will be able to argue for you.

Case Management

Mr. Mallonee will keep you up-to-date with your case and where it stands in the court system. You can contact him or his staff for updates or if you have questions.

Final outcome 
There is no way to absolutely determine the outcome of a case. Brian Mallonee will let you know his opinion of the case and give you the benefit of his experience. He will fight for you and always strive to get the best outcome for your case.

The consequences of a DUI are serious and can affect you for the rest of your live. Don’t take the chance of tackling the court system on your own. The initial meeting with Brian Mallonee is free.

About Brian H Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is handled by one of Florida’s most aggressive, distinguished defense attorneys. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Under 21 DUI in Fort Pierce

Brian Mallonee shared a story:

If you have been charged with an under 21 DUI, you should very seriously consider contacting a Fort Pierce DUI attorney.

Zero Tolerance for Underage Fort Pierce DUI

Florida’s Zero Tolerance law means that the penalties will be especially severe. Even one drink will most likely put you over the legal limit. If you have a BAC of 0.02%, you will automatically have your driver’s license suspended for six months. On a second DUI conviction, you will lose your license for one year. For drivers under 18, the law will suspend your license for 6 months and require you to undergo evaluation at an addictions facility or complete an alcohol education program.

Refusing to Take Chemical Tests

Refusing to take a blood, breath or urine test won’t help you. If you do refuse, your license will be suspended for one year. Each refusal after that results in an 18-month suspension.

Serious Consequences for Under 21 DUI

For underaged drivers who have a BAC over 0.08%, you will face the same consequences as an adult driver. These include:
• License Revocation – At least 180 days
• Fine – $250 to $500
• Imprisonment – Up to 6 Months
• Imprisonment with BAL of .08 or higher, minor in the vehicle- Up to 9 months
• Probation – Up to 1 Year
• DUI School – 12 Hours
• Community Service – 50 Hours

Just as with an adult DUI, a juvenile DUI will have lasting and life changing impacts. You’ll find that colleges and universities may refuse you admittance, some scholarships will be out of reach, and the military may not allow you to enlist.

What Can You Do?

A good DUI attorney can help you to work through these issues and may even be able to get the charges dropped. If you have a juvenile DUI conviction, you may be able to have it expunged from your record. It is very important that you contact a DUI lawyer as soon as possible.

Brian H Mallonee, Fort Pierce DUI Attorney

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Finding a Port St Lucie DUI Attorney

Brian Mallonee shared a story:

If you are reading this, you are probably looking for information on DUIs and might be looking for a Port St Lucie DUI attorney. Brain H Mallonee can help you with your case. Follow this link to set up a free consultation.

You can go it alone, but because of the potential penalties, you really need an aggressive, dedicated attorney specializing in Florida DUI law. Brain H Mallonee is just that sort of Port St Lucie DUI Attorney.

Why Brian Mallonee?

Mr. Mallonee actively and passionately represents you. He has years of training and experience helping people just like you. Whether he is dealing with law enforcement, insurance companies, or the court system, Mr. Mallonee works for the best possible outcome for your unique situation. Help is just a phone call away.

What Can Happen with a DUI Conviction?

A DUI is very serious. Conviction includes fines, jail time, and restitution. You can lose your driver’s license and insurance. If your insurance company doesn’t drop you, your rates may skyrocket. You can lose your job or your professional license. Don’t risk it, hire a good lawyer.

But It’s My First DUI..

That doesn’t matter. You don’t know the DUI laws, Brian H Mallonee does. As a Port Saint Lucie DUI Attorney, I will represent you to the best of my ability. If this is a second DUI or if someone was injured or killed, you are facing very serious consequences.

A DUI lawyer can make a huge difference in your case. Mr. Mallonee can’t guarantee a win, but he will work for the best possible outcome. His office will gather evidence, intervene as needed, negotiate with prosecuting attorneys, and represent you at trial . If needed, he will continue to represent you on post-conviction appeals.

Brian H Mallonee

When you find yourself in need of a DUI attorney in Port Saint Lucie, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.