Boating Under The Influence (BUI) Defense Lawyer
Daytona Beach BUI Attorney
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Florida is known for its waterways.
From the Halifax River and Intracoastal Waterway to the Atlantic Ocean, Ponce Inlet, Mosquito Lagoon, and countless lakes and rivers, boating is a way of life for many Florida residents and visitors.
Unfortunately, many boaters are surprised to learn that they can be arrested for operating a vessel while under the influence of alcohol or drugs.
A Boating Under the Influence (BUI) charge can carry consequences similar to a DUI.
Potential consequences may include:
- Criminal penalties
- Fines
- Probation
- Jail
- Vessel impoundment
- Permanent criminal record
However, a BUI arrest does not automatically result in a conviction.
Many BUI cases involve legal defenses, constitutional issues, and evidentiary challenges that can significantly affect the outcome of a case.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with BUI throughout Daytona Beach, Port Orange, Ormond Beach, New Smyrna Beach, Ponce Inlet, Volusia County, Flagler County, and throughout Florida.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He understands impaired-driving investigations because he participated in them.
Today, he uses that experience to challenge BUI allegations and protect his clients’ rights.
What Is Boating Under The Influence?
Florida law generally prohibits operating a vessel while:
- Under the influence of alcohol;
- Under the influence of controlled substances;
- Under the influence of chemical substances; or
- Having an unlawful alcohol concentration.
Like DUI cases, the State must prove its allegations beyond a reasonable doubt.
The fact that alcohol was consumed does not automatically establish impairment.
BUI Is Not The Same As DUI
Although BUI and DUI laws share similarities, important differences exist.
Unlike automobiles, boats operate in a constantly changing environment.
Boaters may experience:
- Wind
- Waves
- Current
- Sun exposure
- Fatigue
- Motion
Many of the physical signs officers associate with impairment may also occur in completely sober boaters.
This distinction can become important in a BUI defense.
Who Investigates BUI Cases?
BUI investigations may be conducted by:
- Florida Fish and Wildlife Conservation Commission (FWC)
- Sheriff’s deputies
- Municipal police officers
- Marine patrol officers
- State law enforcement agencies
Different agencies may utilize different procedures and equipment.
Every investigation should be carefully reviewed.
Can Officers Stop A Boat Without Probable Cause?
One of the most significant differences between DUI and BUI investigations involves vessel stops.
Boating officers often possess authority to conduct safety inspections and vessel compliance checks under circumstances that differ from ordinary traffic stops.
However, that does not mean constitutional protections disappear.
Questions frequently arise regarding:
- The legality of the stop
- Expansion of the investigation
- Detention length
- Probable cause
- Searches
These issues often become important in BUI litigation.
Common Reasons BUI Investigations Begin
Investigations frequently arise from:
Safety Inspections
Routine boating safety inspections may lead to further investigation.
Boating Accidents
Many BUI investigations begin after marine accidents.
Equipment Violations
Officers may initially investigate safety equipment issues.
Reckless Operation Allegations
Complaints regarding vessel operation may lead to enforcement activity.
Field Sobriety Exercises On The Water
One of the unique challenges in BUI cases involves field sobriety testing.
Unlike DUI investigations conducted on stable ground, boating investigations often occur after individuals have spent hours exposed to:
- Heat
- Sunlight
- Wind
- Motion
- Fatigue
These factors may affect:
- Balance
- Coordination
- Concentration
- Physical appearance
As a result, observations commonly cited as signs of impairment may have innocent explanations.
Related Page:
Field Sobriety Exercises
Marine Field Sobriety Exercises
Marine officers frequently utilize exercises specifically adapted for boating investigations.
These exercises may evaluate:
- Balance
- Coordination
- Attention
- Divided attention skills
Like traditional field sobriety exercises, they remain subject to interpretation and human judgment.
Breath Testing In BUI Cases
Breath testing frequently becomes an important issue.
Questions often include:
- Was the machine functioning properly?
- Was the observation period completed?
- Were procedures followed?
- Was the operator properly trained?
Breath testing evidence should always be carefully evaluated.
Related Page:
Breath Test Defense
Blood Testing In Serious BUI Cases
Blood testing may become an issue in:
- Serious boating accidents
- Fatal boating accidents
- Cases involving injuries
Blood evidence frequently presents significant legal and scientific issues.
Related Page:
Blood Test DUI Cases
Alcohol Affects People Differently On The Water
Studies and law enforcement training materials frequently recognize that boating conditions may intensify the effects of alcohol.
Factors often cited include:
- Sun exposure
- Heat
- Wind
- Motion
- Fatigue
These same factors may also create observations that mimic impairment in sober individuals.
This reality often becomes important in BUI defense cases.
BUI Accidents And Serious Injury Cases
Some BUI cases involve boating accidents resulting in injuries.
These investigations may involve:
- Accident reconstruction
- Vessel inspections
- Witness statements
- Electronic evidence
- Toxicology evidence
The stakes become substantially higher when injuries are involved.
BUI Manslaughter And Fatal Boating Accidents
The most serious BUI cases involve fatalities.
These cases often resemble homicide investigations.
Investigators may examine:
- Vessel operation
- Environmental conditions
- Accident reconstruction
- Toxicology evidence
- Witness statements
Because the consequences are severe, every aspect of the investigation must be scrutinized.
Common Defenses In BUI Cases
Every case is different.
Potential defenses may include:
Illegal Stop
The circumstances surrounding the vessel stop may be challenged.
Lack Of Probable Cause
The officer may have lacked sufficient grounds for arrest.
Faulty Field Sobriety Exercises
Environmental conditions may affect performance.
Breath Test Problems
Testing procedures and equipment may be challenged.
Blood Test Issues
Collection, preservation, and testing procedures may be contested.
Lack Of Impairment
The State may be unable to prove impairment beyond a reasonable doubt.
Constitutional Violations
Searches, detentions, and evidence collection may present legal issues.
Why Boating Cases Require Specialized Knowledge
Many attorneys rarely handle BUI cases.
Boating investigations often involve:
- Maritime environments
- Vessel operations
- Marine law enforcement procedures
- Specialized field sobriety testing
- Accident reconstruction
These factors create issues not commonly found in ordinary DUI cases.
Frequently Asked Questions
Is BUI The Same As DUI?
No.
While similar in many respects, boating investigations involve unique circumstances and defenses.
Can I Be Arrested During A Routine Safety Inspection?
Potentially.
However, the legality of the investigation should always be evaluated.
Will A BUI Affect My Driver’s License?
The answer depends upon the circumstances and applicable law.
A detailed evaluation of the case is necessary.
Can A BUI Case Be Dismissed?
Some cases are dismissed or successfully challenged.
Every case depends upon its specific facts and evidence.
Can I Be Convicted Simply Because I Consumed Alcohol?
No.
The State must prove the required legal elements beyond a reasonable doubt.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have participated in impaired-driving investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
He understands how impairment investigations are conducted because he participated in them.
That experience provides valuable insight when defending individuals charged with BUI.
A Career Dedicated To Examining The Evidence
Every BUI case raises important questions.
Was the stop lawful?
Was the investigation properly conducted?
Was the testing reliable?
Can the State actually prove impairment?
Patrick has spent decades evaluating evidence and investigating those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every BUI defense today.
Contact A Daytona Beach BUI Defense Lawyer
A Boating Under the Influence charge can affect your freedom, reputation, and future.
Do not assume the State’s conclusions are correct.
Do not assume alcohol consumption automatically means guilt.
The facts matter.
The evidence matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach BUI lawyer can help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida