Boating under the influence follows the same body of law as driving a motor vehicle under the influence. There are differences, however much is the same. The civil penalty (fine) imposed for a refusal can be attacked by requesting an administrative hearing. If the hearing request is made, this tolls the statutory time provision for having to pay the fine. Our office will handle the administrative portion at no additional cost to you.

If an individual enters into a plea or is found guilty at trial for Boating Under the Influence, the Court must sentence you to at least the minimum mandatory penalties per Florida Statute. These penalties consist of probation, competing a DUI program which may include substance abuse counseling and a psychological evaluation, a minimum of fifty community service hours (these may never be bought out), and impoundment of the vessel per Court order.

We will analyze all the evidence obtained in your case, take depositions of all witness, including law enforcement and aggressively attack the State’s case against you. If there is a way to file a motion to suppress evidence, such as, the initial stop, sobriety exercises or a breath sample, if applicable, we will find it!

What Are You Charged With?

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Florida StatuteFelony DegreeDescription

LEVEL 1

860.13(1)(a)
3rd
Operate aircraft while under the influence.

LEVEL 3

327.35(2)(b)
3rd
Felony BUI.
316.193(2)(b)
3rd
Felony DUI, 3rd conviction.

LEVEL 6

316.193(2)(b)
3rd
Felony DUI, 4th or subsequent conviction.

LEVEL 7


316.193(3)(c)2.
3rd
DUI resulting in serious bodily injury.
327.35(3)(c)2.
3rd
Vessel BUI resulting in serious bodily injury.

LEVEL 8

316.193(3)(c)3.a.
2nd
DUI manslaughter.
327.35(3)(c)3.
2nd
Vessel BUI manslaughter.

LEVEL 9

316.193(3)(c)3.b.
1st
DUI manslaughter; failing to render aid or give information.
327.35(3)(c)3.b.
1st
BUI manslaughter; failing to render aid or give information.

DUI PENALTIES

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F.S. 316.193
MANDATORY ADJUDICATION
316.193(6)(a)
1st
316.193(6)(b)
2nd w/In 5 yrs**
2nd o/s 5yrs316.193(6)1'qm
3rd w/In 10 yrs.
3rd o/s 10yrs316.193(2)(b)
4th o/s 10yrs
4th w/In 10yrs
BC JAIL 318.193(2)(a)(2)
Enhanced**** 316.193(4)(b)
Crash Felony
0-180 Days
0-270 Days
0-364 Days
10-270 Days
10-364 Days
10-364 Days
0270 Days
0-364 Days
0-364 Days
30-364 Days
30-364 Days
30-364 Days
30 Days-5 yrs (L3)
0-364 Days
0-364 Days
0-364 Days
0-364 Days
0-364 Days
0-364 Days
0-5yrs (L6)
30 Days - 5yrs (L6)
PROBATION* 316.193 (5)
Felony
up to 12 monthsup to 12 monthsup to 12 monthsup to 12 months
0-5 years
up to 12 monthsup to 12 months
0-5 years
up to 12 months
0-5 years
FINE 316.193 (2)(a)(1)
Enhanced 316.193(4)(a)
Felony
$250-$500
$500-$1000
$500-$1000
$1000-$2000
$500-$1000
$1000-$2000
$1000-$2500
$2000-$5000
$1000-$5000
$1000-$2500
$2000-$5000
$1000-$2500
$2000-$5000
$1000-$5000
$1000-$5000
DL SUS/REV 322.28(2)(a)6-12 months5 YEARS6-12 months10 YEARS6-12 monthsPERMANENTPERMANENT
COMM SERV 316.193(6)(a)50 Hoursn/an/an/an/an/an/a
DUI SCHOOL 316.193(5)Level ILevel 11Level IILevel IILevel IILevel IILevel II
VEH IMMOB. 316.193(6)
not during incarceration
10 Days
of car D was operating
or owns
30 Days
of all O's cars
10 Days
of all D's cars
90 Days
of all D's cars
10 Days
of all D s cars
10 Days
of all D's cars
90 Days
of all D's cars
INTERLOCK 316.193(2)(4)
Enhanced
n/a
Up to 6 months
1 Year Minimum
2 Year Minimum
1 Year Minimum
2 Year Minimum
2 Year Minimum2 Year Minimumnone2 Year Minimum

‘ 316.193(6)(a) states that probation must not exceed one year. There is no minimum time for probation, however 6-9 months is the standard minimum offer. DUI ‘counting’ is determined from conviction to arrest.

— 30 Day minimum jail time on a 3rd offense within 10 years required when 2nd is also within 10 years regardless if 3rd is not within 10 years of 1st Driqotas v. State 531 So.2d 421. — Enhanced penalties are defined as .20 BAL or accompanied by a minor at the time of offense.

4th DUI offenses should always be reviewed to see if the offense may be coupled as a 2nd within 5 years or a 3rd within 10 years.

Interlock penalties may be ordered as of July 1, 2002 – but do get installed until July 1, 2003.

Created and Revised by A. S.A. Spencer J. Multack, 17th Judicial Circuit Be Responsible. Don’t Drink and Drive.