Florida BUI law.

[Dustin099]

Disclaimer: I do not promote or practice driving any vehicle or vessel under the influence of alcohol or drugs. I simply promote facts.

Upon doing some research on Florida's BUI (Boating Under the Influence) rules (it's better to be informed than surprised) I found a nice little loophole that I can only imagine a boat loving lawmaker threw in there.

If you are suspected or arrested for a BUI and you refuse a breathalyzer/urine/blood test you will be imposed with a $500 civil penalty. That means no criminal conviction, no criminal record- just $500 that will be donated to a Florida Marine Conservation fund. The only exception is; if you have before refused a test (car or boat) in the state of Florida you will be charged with a misdemeanor for refusal of the test.

Bottom line- If suspected of a BUI in Florida and you have any reason to believe you might blow over a .08 (.02 is under 21) simply refuse the test and pay the fine. A criminal conviction will end up costing a lot more than $500 any way.

 

[1980Galaxy]

Re: Florida BUI law.

Upon doing some research? I want to see some of that research...

 

[Bob_VT]

Re: Florida BUI law.

Dustin099 you are relatively new here...... we tend to love FACT Checking and restrain from legal advice on illegal activities........ even the lawyer's among the membership will not lend legal advice on iboats.

Yup, check your facts ........and then get back with us.

I know for a fact .....if you are stopped here in Vermont/New York (Lake Champlain as an example) and found to be drinking and refusing a breath test....... deterioration will happen. EVERYTHING will then be checked on the boat......... every piece of safety equipment etc since the Officer will be inspired to write as many citations as possible.

 

[Cannondale]

Re: Florida BUI law.

"By operating any vessel on Florida waters, you have consented to be tested for the presence of alcohol, drugs, or other intoxicating substances if requested by a peace officer. Refusal to submit to testing is punishable by a civil penalty of $500 and is also a crime if you have ever been fined for a previous refusal."

Now, doesn't say specifically what the "crime" you'd be charged with on the second refusal to be tested, but a three second search on Google found the above at Florida's BoatEd website:

http://www.boat-ed.com/fl/course/p4-5_alcoholdrugs.htm


Guess further searching would bring up the actual statute, but the above does appear to support the OP's assertion.

 

[tswiczko]

Re: Florida BUI law.

I done that once while driving a car in Ohio, I was charged with "failure to comply" which carried a mandatory one year suspension of driving privilege's, but no DUI, but that was about 20 years ago.

 

[H20Rat]

Re: Florida BUI law.

Upon doing some research? I want to see some of that research...

not much to research... here is the florida statute with the section referenced above. Yes, that is exactly it. Failure to test is an automatic $500 fine, nothing more, nothing less.

http://www.flsenate.gov/Laws/Statutes/2010/327.35215

 

[Dustin099]

Re: Florida BUI law.

I didn't want to bog down the post with jargon, but if you insist-


Florida Statute Section 327.35215, Boating under the Influence (BUI) penalties for failure to submit to chemical test of breath, urine or blood.
(1) A person who is lawfully arrested for an alleged violation of s. 327.35 and who refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352 is subject to a civil penalty of $500.
(2) When a person refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352, a law enforcement officer who is authorized to make arrests for violations of this chapter shall file with the clerk of the court, on a form provided by the department, a certified statement that probable cause existed to arrest the person for a violation of s. 327.35 and that the person refused to submit to a test as required by s. 327.352. Along with the statement, the officer must also submit a sworn statement on a form provided by the department that the person has been advised of both the penalties for failure to submit to the blood, breath, or urine test and the procedure for requesting a hearing.
(3) A person who has been advised of the penalties pursuant to subsection (2) may, within 30 days afterwards, request a hearing before a county court judge. A request for a hearing tolls the period for payment of the civil penalty, and, if assessment of the civil penalty is sustained by the hearing and any subsequent judicial review, the civil penalty must be paid within 30 days after final disposition. The clerk of the court shall notify the department of the final disposition of all actions filed under this section.
(4) It is unlawful for any person who has not paid a civil penalty imposed pursuant to this section, or who has not requested a hearing with respect to the civil penalty, within 30 calendar days after receipt of notice of the civil penalty to operate a vessel upon the waters of this state. Violation of this subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(5) Moneys collected by the clerk of the court pursuant to this section shall be disposed of in the following manner:
(a) If the arresting officer was employed or appointed by a state law enforcement agency, the moneys shall be deposited into the Marine Resources Conservation Trust Fund and used to directly enhance the ability of law enforcement officers to perform law enforcement functions on state waters.
(b) If the arresting officer was employed or appointed by a county or municipal law enforcement agency, the moneys shall be deposited into the law enforcement trust fund of that agency.

 

[tx1961whaler]

Re: Florida BUI law.

Here are the statutes: http://www.leg.state.fl.us/Statutes...ml&StatuteYear=2010&Title=->2010->Chapter 327

Here's what happens: You are accused of BUI and placed under arrest. You refuse a breathalyzer. Instant $500 fine, plus possibly an instant misdemeanor. The refusal is admissible. They can haul you down to the hospital for a blood test. You refuse. Another $500 fine. Also admissible. If you are in a serious wreck that caused great bodily harm or death, they take your blood anyway, refusal or not. So now you have two basic admissions of guilt going into trial, because by refusing you are no longer "presumed innocent" because you actually give implied consent for the breathalyzer and blood test when you decided to operate the boat! So you would possibly be a grand down before going to trail, which you would have to take a plea because you would be toast with the refusals. The normal fine for a first BUI is $500-$1000 and probably probation if you were a nice boy, but that could turn into $1500-$2000 and 6 months in jail if the judge thinks you're a bad boy with the refusals.
Unless you're a movie star. Then you'll just get a good lecture and sent home.
But don't think for a minute that you can refuse to blow, and just walk away with a only a $500 dollar fine. You are under arrest for BUI for probable cause the minute the officer decides that you are impaired. The breathalyser and blood test are evidence once you are arrested. Now they have less evidence since you refused the test, but also more evidence BECAUSE you refused.
The BUI law is absolutely consistent with the DUI law, except for the penalties for refusal. Think you can refuse a breathalyzer and automatically not get a DUI?

 

[dwco5051]

Re: Florida BUI law.

A test will show the blood alcohol content and above a certain point it will be prima fascie evidence of operating under the influence. A refusal to take the test does not mean that a person will walk away with only a $500 civil penalty. The arresting officer will still file charges if he has reason to believe that the operator is impaired. Video taped preliminary field tests, officers testimony as to the defendants condition at the time of the arrest. Witness statements can be entered into the trial along with other collaborating evidence. If you will read the Florida law it specifically states that the refusal to take the test can also be used in the trial. The officer?s field notes will probably include a long check list of observations of the defendant covering everything from his physical appearance, the condition of his clothing, speech patterns, etc and will introduced at the trial. It will take more work and effort to present a clear case by the prosecution but if the officers have dotted all the I?s and crossed all the T?s a conviction is still highly probable.

 

[blacksmith04]

Re: Florida BUI law.

How about this? DON'T DRINK. That simple.

 

[MTboatguy]

Re: Florida BUI law.

They tried to pass the automatic $500 dollar penalty here in Montana again this year, but didn't pass, you can refuse here in Montana and they really can't do much to you, until they secure a warrant for blood, right now, that process takes so long that unless you are maxed out, you will pass, so they are now trying to get a 24 hour judge to issue a warrant over the phone, so they can draw blood.

Just about every lawyer I know in Montana says, if you are stopped, refuse, refuse and refuse again.

And NO I do not condone driving under the influence, but right now it is still pretty easy to get off in Montana, I am sure that will change in the future..

 

[DaNinja]

Re: Florida BUI law.

If want to have a beer the wife and I do the three-way transfer of controls.

Me: "You have the controls"
Wife: "I have the the controls"
Me: "You have the controls"

Ok, maybe that's only a little humorous to the pilots out there.

 

[dwco5051]

Re: Florida BUI law.

Me: "You have the controls"
Wife: "I have the the controls"
Me: "You have the controls"

Several years back a state trooper here was following a pickup on I-80 that was driving erratically. Before he had a chance to light him up the driver noticed the trooper in the rear view mirror and decided it would be in his best interest to switch seats with his passenger all in plain view of the trooper and at 65 miles an hour. To make a long story short it ended up as being a two for one day as the passenger now driver blew just as high as the original driver.

 

[H20Rat]

Re: Florida BUI law.

If want to have a beer the wife and I do the three-way transfer of controls.

Me: "You have the controls"
Wife: "I have the the controls"
Me: "You have the controls"

Drinking while boating isn't legal in your state? At least in most states, its fully legal to wave to the game wardens/coast guard with beer in hand!

 

[H20Rat]

Re: Florida BUI law.

Here are the statutes: http://www.leg.state.fl.us/Statutes...ml&StatuteYear=2010&Title=->2010->Chapter 327

Here's what happens: You are accused of BUI and placed under arrest. You refuse a breathalyzer. Instant $500 fine, plus possibly an instant misdemeanor. The refusal is admissible. They can haul you down to the hospital for a blood test. You refuse. Another $500 fine. Also admissible. If you are in a serious wreck that caused great bodily harm or death, they take your blood anyway, refusal or not. So now you have two basic admissions of guilt going into trial, because by refusing you are no longer "presumed innocent" because you actually give implied consent for the breathalyzer and blood test when you decided to operate the boat!

'ya sure about that? Unless you have a boating license, I can 100% guarantee there is no implied consent with a boat. Implied consent works for a vehicle because you had to go through the licensing, and one of the implied conditions of getting that license was that you would submit to a blood test. That doesn't exist with boating, unless you can point to the florida statute above that says implied consent DOES exist.

Also, refusing the test does not imply guilt. In the motor vehicle world, i've personally seen people refuse, and the blood draw wasn't able to be done for whatever reason. They lost their license for a year because of implied consent, and were tagged with a reckless driving charge, but did NOT receive an alcohol charge.

 

[nikon]

Re: Florida BUI law.

If want to have a beer the wife and I do the three-way transfer of controls.

Me: "You have the controls"
Wife: "I have the the controls"
Me: "You have the controls"

Ok, maybe that's only a little humorous to the pilots out there.

AH....but which one of you is PIC?

 

[dwco5051]

Re: Florida BUI law.

'ya sure about that? Unless you have a boating license, I can 100% guarantee there is no implied consent with a boat. Implied consent works for a vehicle because you had to go through the licensing, and one of the implied conditions of getting that license was that you would submit to a blood test. That doesn't exist with boating, unless you can point to the florida statute above that says implied consent DOES exist.

Also, refusing the test does not imply guilt. In the motor vehicle world, i've personally seen people refuse, and the blood draw wasn't able to be done for whatever reason. They lost their license for a year because of implied consent, and were tagged with a reckless driving charge, but did NOT receive an alcohol charge.

327.352 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.--

(1)(a)1. The Legislature declares that the operation of a vessel is a privilege that must be exercised in a reasonable manner. In order to protect the public health and safety, it is essential that a lawful and effective means of reducing the incidence of boating while impaired or intoxicated be established. Therefore, any person who accepts the privilege extended by the laws of this state of operating a vessel within this state is, by so operating such vessel, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was operating a vessel while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was operating the vessel within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in a civil penalty of $500, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and he or she has been previously fined for refusal to submit to any lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

 

[TestEngr]

Re: Florida BUI law.

I done that once while driving a car in Ohio, I was charged with "failure to comply" which carried a mandatory one year suspension of driving privilege's, but no DUI, but that was about 20 years ago.

I think it's still the same today. I hear a lot of prominent people get off with just a slap on the wrist by refusing the test. Usually people like lawyers, politicians, policemen, that know the law exists and use it to their advantage.

 

[wingless]

Re: Florida BUI law.

The intrinsic problem with all DUI laws is that the "offender" is not equipped with a meter to permit determination is operation is appropriate or not.

That is contrasted with every vehicle has a speedometer. If a vehicle is pulled-over for operation at 20 mph over the limit, then there is little surprise.

A person that has consumed several beers has no idea about his BAC and I view that as a deficiency.

IMO the state laws should be written to require establishments serving alcohol to have a vending-machine BAC meter, to permit an informed choice prior to operation.

 

[Home Cookin']

Re: Florida BUI law.

while it's smart to know the law in your jurisdiction, don't try to be your own lawyer and think you can beat the system. For every loop-hole you think you find, the cop, the prosecutor and the judge each know a few more against you. For exeample, you can be convicted of DUI without a test, on the witness's (officer's) testimony of what he observed. Most of the stories passed around about people getting off are either false, no longer valid due to changes laws, or such exceptions they would not likely work for you.

The best thing you can do is not get in the situation in the first place. I have changed my habits; while I have always been safe, I am now not going to expose myself to inquiry. For example, I don't ride around with a beer visible even if it's my only beer in 12 hours, and I don't let my passengers wave them around. Be cool. It pays off. And I enjoy boating a lot more when I have no reason to be looking over my shoulder.