Adam Chrzan Attorney at Law

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Adam Chrzan Attorney at Law
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Experienced Criminal Defense When It Matters Most

Boating Under the Influence BUI Charges Lawyer in Vero Beach, Florida

Florida’s Treasure Coast attracts many state residents and out-of-state tourists, ready to enjoy the sun, wind, water and recreational boating. But sometimes that enjoyment may turn into legal trouble if charged with boating under the influence (BUI).

The waters along Florida are filled with boaters as well as law enforcement seeking to nab anyone suspected of BUI. An arrest could lead to a conviction. The potential penalties include loss of your boating license, steep fines and incarceration. If arrested, you need an experienced criminal defense attorney. At Adam Chrzan, Attorney At Law, in Vero Beach, Florida, I will aggressively defend your rights.

Skilled Negotiator, Knowledgeable Litigator

Federal and state law enforcement are always on the lookout for boaters driving under the influence of alcohol or drugs. BUI checkpoints are often present. Why? Florida has consistently led the nation in the number of boating accidents and boating-related deaths.

An accomplished negotiator and experienced litigator, I will work to the best of my abilities to get the charges dismissed or reduced. I am not afraid to go to trial, as I have seen more than 100 cases go to a jury during my time as a criminal prosecutor.

BUI Cases Versus DUI Cases

Many people assume BUI cases work exactly like DUI cases, but important differences exist. Under Florida’s Boater Freedom Act, law enforcement officers are strictly prohibited from conducting random or suspicionless safety inspections or vessel boardings. They must have clear probable cause or reasonable suspicion of a violation before stopping your boat. The unique environment of boating also affects how officers evaluate impairment. Sun exposure, dehydration, wind, waves and the natural motion of a boat can all cause balance issues and other symptoms that officers may misinterpret as intoxication.

Field sobriety tests designed for solid ground become unreliable on a moving vessel. I challenge the validity of these tests and question whether officers properly accounted for environmental factors. Additionally, BUI cases often involve federal waters, which can trigger federal jurisdiction and additional legal complexities that require experienced defense representation.

Building Your Defense Strategy

I approach every BUI case by examining potential weaknesses in the prosecution’s evidence:

  • Challenging the legality of the initial stop or search of your vessel
  • Questioning the accuracy and administration of breath or blood tests
  • Scrutinizing officer training and certification in BUI detection
  • Identifying environmental factors that may have affected field sobriety tests
  • Examining witness credibility and conflicting statements
  • Investigating whether officers followed proper procedures throughout your arrest

My experience as a former prosecutor gives me insight into how the state builds its case. I use that knowledge to identify weaknesses and negotiate from a position of strength, always prepared to take your case to trial if necessary.

Frequently Asked Questions About BUI Charges

Clients often have similar questions when facing BUI charges in Vero Beach. We answer some of them below:

Can law enforcement stop my boat on the Indian River Lagoon without a reason?

No. Under current Florida law, officers cannot randomly stop your vessel solely to perform a safety check; they must observe a safety violation or have reasonable suspicion or probable cause of impaired operation before a stop can occur.

If I am convicted of a BUI, will I lose my Florida driver’s license?

No, a first-time standard BUI conviction will not automatically suspend your automobile driver’s license.

What are the penalties for a first-time BUI offense in Florida?

You face fines between $500 and $1,000, or higher if your BAC was .15 or higher or if a minor was on board. The court can sentence you to up to six months in the Indian River County Jail. You will serve probation for up to 12 months, with any jail time counting toward this probation. And you must complete a minimum of 50 hours of community service and finish a substance-abuse education course. Finally, the state will impound or immobilize your vessel for ten days.

Can I be charged with a BUI if my boat is anchored or docked?

Yes. Florida law allows prosecutors to charge you with BUI even when your boat is anchored or docked.

Call Me 24/7; I Will Help You

A BUI charge can disrupt your life and damaging your personal and professional reputation. Jail time, probation and steep fines may await you. If you find yourself in this situation, you need an effective criminal defense attorney, ready to negotiate and advocate for you. Adam Chrzan, Attorney At Law, in Vero Beach, Florida, is available 24/7. Whether you are a state resident or a tourist, I am prepared to help you. I provide free consultations in criminal matters. Contact me anytime or call my law office at CALL.