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The State of Florida is an idyllic location for year-round boating due to the warm weather and Florida sunshine. However, Florida has the highest number of boat-related accidents. Although it is unknown exactly how many boating accidents are alcohol-related, it is understandable that the crime of Boating Under the Influence is treated seriously in Florida.

The crime of boating under the influence is governed by Florida Statute § 327.35, which provides that a person is guilty of the offense of boating under the influence if they are operating a vessel in the state and is under the influence of alcoholic beverages or certain substances when affected to the extent the person’s normal faculties are impaired.

The second method of proving boating under the influence is establishing an unlawful blood or breath-alcohol level, which is defined under the BUI statute as a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.08 grams of alcohol per 210 liters of breath.

If you are a defendant who has been convicted for boating under the influence, this conviction may result in fines, prison time, probation, or impounding or immobilization of your vehicle. You may also be required to attend a substance abuse course or take a substance abuse evaluation or treatment. Whether a person has previously been convicted of a boating under the influence charge has a direct impact on how the subsequent boating under the influence offense is categorized. Any prior conviction of driving under the influence constitutes a conviction for boating under the influence for these purposes.

On May 27, 2009, the Governor of Florida approved an amendment to the boating under the influence statute. The change lowered the blood-alcohol or breath-alcohol level to 0.15 from 0.20. This change means the sanctions are now enhanced or higher if the alcohol level is at or above 0.15. The 0.08 breath alcohol and blood alcohol level stays the same.

Separate from the usual 4th Amendment protection from illegal search and seizure, boating under the influence arrests have less protection when stop is by the U.S. Coast Guard, a customs official or local law enforcement. They may board a vessel any time to conduct an inspection, without reasonable suspicion of unlawful activity or probable cause. 14 U.S.C. § 89; Saunders v. State, 758 So. 2d 724 (Fla. 2nd DCA 2000) and 19 U.S.C. § 1581(a); U.S. v. Villamonte-Marquez, 462 U.S. 579 (1983). The ability of these officials to board a vessel at anytime means that an operator of a boat should take extreme caution and care when consuming alcohol and navigating the waterways.

A BUI charge is easier to avoid than to fight in a court of law. Therefore, please be cautious while enjoying the one of the best outdoor activities that the State of Florida has to offer.

Prescription Drug Abuse / PSA Video

Prescription Drug Abuse / PSA Video. From the public domain. Most people take medicines only for the reasons their doctors prescribe them. But an estimated 20 percent of people in the United States have used prescription drugs for nonmedical reasons. This is prescription drug abuse. It is a serious and growing problem. Abusing some prescription drugs can lead to addiction. You can develop an addiction to: Narcotic painkillers Sedatives and tranquilizers Stimulants Experts don’t know exactly why this type of drug abuse is increasing. The availability of drugs is probably one reason. Doctors are prescribing more drugs for more health problems than ever before. Online pharmacies make it easy to get prescription drugs without a prescription, even for youngsters. Some people experiment with prescription drugs because they think they will help them have more fun, lose weight, fit in, and even study more effectively. Prescription drugs can be easier to get than street drugs: Family members or friends could have a prescription. But prescription drugs are also sometimes sold on the street like other illegal drugs. A 2006 National Survey on Drug Use and Health showed that among all youths aged 12 to 17, 6% had tried prescription drugs for recreational use in the last month. Why? Some people think that prescription drugs are safer and less addictive than street drugs. After all, these are drugs that moms, dads, and even kid brothers and sisters use. To Angie, taking her brother’s …

 

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