Jacksonville Boating Under the Influence Lawyers

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A Boating Under the Influence arrest can have serious consequences.  Treated in much the same way as a traditional DUI, Boating Under the Influence can affect all aspects of your life including employment opportunities, your driving privilege, your finances, and your freedom.  Give the experienced Jacksonville criminal defense attorney of LGL a call today to discuss your BUI case.  

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Boating Under the Influence is defined in Florida Statute 327.35.  In order for you to be convicted of a Boating Under the Influence, the State must prove:

1.   You operated a vessel, and

2.   While operating the vessel, you

a.   were under the influence of an alcoholic beverage, a chemical substance, or a controlled substance to the extent that your normal faculties were impaired, or

b.   had a blood or breath alcohol level of .08 or more

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A "vessel" is defined as a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water. 

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"Normal Faculties" is defined to include, but not be limited to, the ability to:

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Police officers used field sobriety exercises to help them determine whether a person's normal faculties are impaired.  The officer then makes a judgment call and bases his or her arrest on their opinion that your normal faculties are impaired.  This is why it is important to know why the officer is having you do the field sobriety exercises.

In addition to the field sobriety tests and when you refuse to take the field sobriety exercises, the officer will list other "signs of impairment" to enhance his finding of probable cause that your normal faculties are impaired.  You will see the following buzz words or phrases in almost every DUI arrest report:

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When you are stopped while on a boat, the officers will often use tests that don't require balance.  However, they may also take you to dry land to perform the same field sobriety tests performed in DUI investigations.

Field Sobriety Tests consist of standardized and non-standardized tests that officers use to form an opinion on whether your normal faculties are impaired or not.  One problem with these tests is that officers are only looking for and marking down what you do wrong and ignoring what you do right.  The results of each test are open to interpretation.  Officers use their interpretation of these tests as evidence against you.  In fact, they won't even call them tests.  They call them field sobriety exercises.  This doesn't sound so pass or fail to a jury when a BUI case goes to trial. 

Some of the tests are standardized, meaning that the way it is performed by an officer in Jacksonville should be the same way it is performed in Orlando, or Alaska, or Hawaii, or anywhere else.  If the officer deviates from the standardization, the results may not be admissible.  If there is a video, the jury would be able to see how well or poorly you did for themselves.  If there is no video, the jury will hear the officers version of how well or poorly you did through his or her colored lenses. 

There are three standardized tests and two optional tests. 


The Rhomberg Balance Test consists of standing with your hands to your side, with your head back and eyes closed and the officer will ask you estimate 30 seconds in your head and to tell the officer when you think 30 seconds have elapsed.  During this test, the officer is looking to see if you sway, whether you keep your eyes closed, how close or off you are on the time estimation, and whether you use your arms for balance. 

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You are not required by law to submit to field sobriety exercises.  Your license cannot be suspended simply for refusing to submit to these exercises.  However, your refusal to submit to the exercises could be used against you in court.  In other words, the prosecutor can tell the jury that you refused the exercises because you knew you were impaired.  Of course, you, and your attorney, would be able to rebut this claim and explain why you refused, which could be because the officer wasn't treating you fairly, you have medical issues, you don't trust the exercises, someone you trust told you not to, or any other valid reason. 

The consequences of a BUI are serious and expensive. The criminal defense attorney of LASNETSKI GIHON LAW will represent you throughout the criminal process

Many people who are arrested for a BUI have never been to jail before.  It is a scary and confusing process.  The Judge and prosecutor move through the docket at a rapid pace and nobody wants to take the time to listen or to explain anything. When you retain the criminal defense attorney of LASNETSKI GIHON LAW,  we take the stress and uncertainty out of the process. We will fully explain the process throughout the entire case.  We inform you of what's going on and will always be accessible to you for questions.  

The first thing we will do is obtain discovery (police reports, video, etc.) and determine whether there are any legal issues that warrant a motion to suppress, motion to dismiss or any other legal motion that should be filed.  We will also investigate the factual issues that are to your benefit.  Even if you think there is no defense, there may be fatal legal or factual flaws in the case.  If the Judge grants a Motion to Suppress or Dismiss, that could result in the State not having enough evidence to proceed and they may have to drop the case.  

In most cases, we can go to court hearings on your behalf without you having to appear, spending hours in court, and missing work or having to secure child care. When you are in court,  we will be there to speak on your behalf and to make sure your voice is heard and that you understand everything that is going on.

Finally, we will be there to represent you at trial or to negotiate a beneficial sentence taking into account what is important to you.