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.