Picture this: You are spending a beautiful sunny afternoon out on the crystal-clear waters of the Emerald Coast. You decide to drop anchor or let your boat drift lazily while you relax and enjoy a few drinks. Since you aren’t actively steering or running the engine, you might think you are completely safe from law enforcement intervention. However, under Florida law, you can absolutely be charged with Boating Under the Influence (BUI) even if your vessel is anchored or drifting. At Matthews & Matthews, LLP, we want to ensure you stay safe and fully informed about how maritime laws apply in Destin. Here are three critical points you need to understand about BUI laws on the water. Schedule a consultation today.
The Legal Definition of “Operating”
Florida’s BUI statute applies to anyone “operating” a vessel. Legally, operating does not just mean actively cruising at high speeds. If you are drifting or anchored, you are still considered to be in physical control of the boat. Because an unexpected current, wind shift, or emergency could require you to take immediate action, law enforcement views you as the operator.
Implied Consent Still Applies
Just like driving a car on the road, operating a vessel on Florida waters carries “implied consent.” If a law enforcement officer has probable cause to believe you are impaired while drifting or anchored, you are legally required to submit to a breath, blood, or urine test. Refusing this test can result in immediate penalties and can be used against you in court.
The Penalties are Serious
A BUI conviction carries severe consequences that match the intensity of a DUI. If convicted, you face hefty fines, potential jail time, community service, and the impoundment of your vessel. Furthermore, a BUI stays on your criminal record permanently, affecting your future employment and personal life.
SCHEDULE A CONSULTATION TODAY
Navigating the complexities of maritime regulations requires experienced local representation. If you find yourself facing charges, you need a dedicated BUI attorney who understands the specific nuances of Florida boating laws. As a trusted BUI law firm on the Emerald Coast, our team knows how to evaluate the details of your stop, from the validity of the initial boarding to the accuracy of the sobriety tests. Don’t leave your future to chance; contact a skilled BUI defense lawyer at Matthews & Matthews, LLP today to protect your rights and your freedom.