Differences between a Florida DUI and BUI

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.

Comments

comments

Comments