Recently in Florida DUI Boating Category

June 3, 2011

With Miami Boating Season Here, BUI Arrests Must Be Defended

Arecent report by the South Florida Sun Sentinel says that divers are asking law enforcement to crack down on boating violations, including boating under the influence.

Boating under the influence is just as serious a charge in Florida as driving under the influence. In fact, the penalties are very similar. Miami BUI Lawyers are committed to preparing the best defense possible in any alcohol-related criminal case. Like Miami DUI, BUI is a serious crime with serious penalties. It should not be taken lightly.
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With Memorial Day weekend passing by, many consider that to be the unofficial start to the summer boating season. Sunny weekends and warm weather tend to get people out of their houses and into the water.

But according to 2009 data analyzed by the Florida Fish and Wildlife Conservation Commission, 26 percent of all boating accidents that resulted in fatalities involved alcohol or drugs. Among the victims, 18 percent were affected by drugs or alcohol.

Also in 2009, 320 citations were handed out by Florida Fish and Wildlife Conservation Commission officers and other law enforcement. That's up from 2008, when 276 citations were levied against boaters. That's a 16 percent increase.

According to the Florida Department of Highway Safety and Motor Vehicles, there were 941,589 registered vessels in Florida in 2010. There were 61,357 in Miami-Dade County alone and another 42,976 in Broward County.

Boating under the influence can be as dangerous or more dangerous as driving under the influence. While there are far more vehicles on the roads than boats in the water, there is the possibility of drowning and it takes much longer for marine patrols and helicopter ambulances to reach boating victims.

In Florida, boating under the influence is punishable similarly to driving under the influence. Under Florida Statute 327.35, which governs the crime of BUI, a first-time BUI offender can face up to $1,000 in fines and six months in jail. But if the offender has a blood-alcohol level of .15 or higher, which is about twice the state's .08 blood-alcohol level limit, they can face up to 9 months in jail and up to $2,000 in fines just for a first conviction.

The defendant will likely also have to spend time on probation, perhaps for a year, attend substance abuse courses, have the vessel impounded and possibly other sanctions. As you can see, the charge is serious and requires an attorney who will diligently fight for your rights. If possible, we will also work to ensure you will still be able to enjoy boating on the great waters of South Florida.

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June 16, 2010

BUI manslaughter charges result from fatal Delray Beach boating accident

A 42-year-old man is facing a Florida BUI manslaughter charge after being accused of boating while intoxicated and causing a fatal Delray Beach boating accident, the Sun-Sentinel reported.

The Deerfield Beach man's blood-alcohol level was nearly twice the legal limit of .08 when the boating accident occurred on May 8, according to the Florida Fish and Wildlife Conservation Commission. An experienced Fort Lauderdale BUI Attorney should always be contacted to defend the rights of someone charged with boating under the influence of alcohol. Authorities are required to follow specific guidelines when making an arrest. Those guidelines are frequently not followed in drunk driving cases, particularly those involving boating offenses.

In this case, the charges come more than a month after the defendant was charged with vessel homicide. He is accused of ramming his 35-foot speedboat into a navigation marker on the Intracoastal Waterway. A 31-year-old passenger was killed after being thrown overboard.

Authorities report that the boat was traveling at 30 mph when it crashed near Atlantic Avenue at 2:30 a.m., though the media accounts say it is unclear whether the area has any speed restrictions. The defendant was arrested and released from Palm Beach County Jail two days later on a $25,000 bond. He also faces charges of reckless operation of a motor vehicle and violating navigational rules.

We reported last month on our Broward DUI Lawyer Blog that the son of a former Miami Dolphins owner was sentenced to two years in prison after being charged with boating under the influence in Fort Lauderdale. The sentence was for a probation violation. A trial on the boating charges had been scheduled for later this year.

On Monday, Robert Ray Huizenga was sentenced to 18 months in prison by a Broward Circuit Court Judge. The sentence will run concurrent to the two-years in prison he is already serving, according to the Daily News.

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May 7, 2010

Son of former Dolphins owner gets 2 years in prison in wake of Lauderdale DUI boating incident

Robert Ray Huizenga, 48, son of former Maimi Dolphins owner Wayne Huizenga, was sentenced to two years in prison after being charged with driving a boat while drunk in Fort Lauderdale, the Miami Herald reported.

With boating season entering into full swing, it is important to remember that the drunk driving rules that apply to cars also apply to boats and other watercraft. Hiring a Fort Lauderdale DUI attorney can help protect your rights to drive on land, as well as on the water.

A Broward judge sentenced Ray Huizenga to two years in prison for violating his probation as a result of the DUI boating charge. Ray Huizenga was convicted in 2006 of a 2003 drunk driving accident that left a pedestrian with a concussion, a bashed head and a broken elbow, the Herald reported. He was sentenced to one year of house arrest, four years of probation and 120 days in the county jail.

He was still on probation when he was charged with drunken boating in July. He has not been convicted of the drunken boating charge, which is scheduled for an upcoming trial. NBC Miami reports Ray Huizenga already has three DUI convictions on his record. A fourth conviction could result in up to 5 years in prison.

NBC reports that the drunken boating arrest came after a Fort Lauderdale woman called to say burglars were attempting to break into her home. Officers reportedly found Ray Huizenga slurring his words and smelling of alcohol behind the wheel of an idling fishing boat. He refused to submit to an alcohol test and was arrested.

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