Palm Beach BUI Lawyer

Palm Beach BUI Attorney

To live in Palm Beach, it’s almost a requirement to love being out on the water. However, far too many boaters enjoy themselves a bit too much, choosing to operate their boats while under the influence. The state takes these crimes seriously, handing down severe punishments for convictions. If you’ve been arrested and charged with a BUI, you need legal representation to guide you through the legal process. Luckily, a Palm Beach BUI lawyer can help.

How The Kirlew Law Firm Can Help You Face BUI Charges

The Kirlew Law Firm focuses on state and federal criminal charges, representing over 5,000 clients in criminal proceedings. A Palm Beach criminal defense lawyer from our firm can review the prosecutor’s case against you, making certain your rights weren’t violated and looking for holes in their evidence. If possible, we’ll pursue dismissal if their case isn’t strong enough, but we are ready to take your case to trial to seek an acquittal if necessary.

Florida’s BUI Laws

Florida Statutes § 327.35 sets the state’s boating under the influence laws, detailing the legal limits for boating operators and what qualifies as impairment. Under the law, an adult over 21 cannot operate a boat if their blood alcohol concentration is over 0.08% or if they’re impaired by another controlled substance. Similarly, a boat operator cannot have a breath alcohol concentration of 0.08 grams per 210 liters of breath.

Even if your BAC is below the limit, you could still be charged if your ability to operate the vessel is impaired. What’s more, adults under 21 are subject to the state’s zero-tolerance laws, meaning any amount of alcohol in their system can lead to a BUI charge. With 81 fatalities on Florida’s waters in 2024, it’s no surprise the state is harsh on these crimes.

How Does Lucy’s Law Factor Into Your BUI Case

Going into effect in July of 2025, Lucy’s Law can have serious impacts on BUI cases. Named after 17-year-old Lucy Fernandez, who was killed in a boating accident in 2022, the law elevates the penalties for certain BUI offenses. In cases of fatality caused by a BUI crash, negligent operators can be charged with manslaughter, resulting in a minimum of four years in prison. It is also now a felony to leave the scene of a boating accident, with increased penalties if you flee an accident scene that results in death.

Defenses to a BUI Charge

In the U.S., 20% of boating fatalities were caused by impairment. With so much at stake with a conviction, it’s essential that you and your lawyer create a strong defense against BUI charges. Depending on the circumstances of the case, you may consider any of the following defense strategies:

• Questioning the accuracy of the BAC results: The results of blood alcohol concentration or breathalyzer tests can be challenged in court, particularly if there were errors in calibration or administration.
• Lack of probable cause for the stop: Police must have reasonable suspicion to stop you, and they must have probable cause to initiate any field sobriety tests. Lack of probable cause can render key evidence inadmissible, possibly leading to dismissal.
• Medical explanations: Certain medications could mimic the symptoms of impairment. Your charges may be dropped if your attorney can show there was a medical reason for the behavior that led to your stop.

FAQs

Is BUI as Serious as DUI?

Yes, BUI is as serious as DUI, coming with many of the same penalties upon conviction. You could face jail time, fines, and a loss of your boating privileges. Repeat offenses or those involving injuries to others come with enhanced penalties in both instances. What’s more, the conviction will reflect on your criminal record, coming with similar consequences regarding employment and social stigma.

What Is the BUI Law in Florida?

In Florida, the BUI law states that adults over the age of 21 cannot operate a boat with a blood alcohol concentration over 0.08%. For boaters under 21, the state has a zero-tolerance rule, meaning a minor operator cannot have any alcohol present in their system. Commercial boaters have a stricter BAC maximum than other adults, with a limit of 0.04%. Violations carry severe penalties, including jail time, fines, and loss of boating privileges.

Do I Need a Lawyer for a BUI?

Having a lawyer for a BUI helps make sure your rights are protected and that you build a strong defense against the allegations. Navigating Florida’s complicated BUI laws can be difficult on your own, and the state’s BUI penalties can be severe. What’s more, a DUI attorney in Palm Beach, Florida will be familiar with the local court’s rules, judges, and prosecutors, helping them negotiate a favorable plea deal.

Can I Lose My License Because of a BUI?

No, you cannot lose your boating license for a BUI because Florida does not issue such a license. Instead, you must take a boating safety course to receive a Boating Safety Education Identification Card. Still, your boating privileges could be revoked for a period of time for a BUI, particularly for subsequent offenses. There are no mandatory revocation periods, unlike in DUI cases.

Hire a BUI Lawyer From The Kirlew Law Firm

Florida takes boating under the influence crimes seriously, and penalties can follow you for the rest of your life. Hire a BUI lawyer to help you stand up to these charges and protect your future. When your freedom and rights are at risk, you want the skilled attorneys at The Kirlew Law Firm on your side. We’ll get to work quickly to review your arrest, analyze the prosecution’s case, and begin building an effective defense for your BUI case.

Contact The Kirlew Law Firm today. We’ll schedule a consultation to explain your legal options and highlight how our services can help you. Trust our lawyers to be your partners throughout this challenging time. Our experienced legal team can be your greatest advocate during this difficult time. Engage our team today.