BUI Attorney in Naples

Trusted Legal Support & Local Knowledge for Boating Under the Influence Charges

When you're facing Boating Under the Influence (BUI) charges in Naples or anywhere in Collier County, having a knowledgeable BUI attorney in Naples on your side makes all the difference. Florida's waterways are subject to strict enforcement, and law enforcement is especially watchful during busy boating seasons and weekends. 

At Law Offices of Cavanaugh & Cavanaugh, P.A., we combine over 50 years of experience with a deep understanding of the local court systems, helping you navigate every aspect of these challenging situations with confidence. Our team builds thoughtful defense strategies that address not only legal complexities but also the practical realities of BUI enforcement unique to coastal Florida.

If you have been charged with BUI, an experienced Naples BUI defense attorney from our firm is ready to help. We offer a free initial consultation and bilingual services to support you. Call us at (239) 309-2006 or reach out online today.

Understanding Florida's BUI Laws

Florida Statute 327.35 governs BUI offenses. In many ways, the law mirrors the state's DUI statutes, but with a unique set of circumstances that apply to operating a vessel. A person can be charged with BUI if they are in "actual physical control" of a vessel while under the influence of alcohol, chemical substances, or controlled substances. 

As a skilled Naples BUI defense attorney, we know that being in "actual physical control" can apply even if the boat is anchored, docked, or beached.

There are two primary ways the prosecution can prove BUI:

• Per Se Offense: This is when a person has a blood alcohol concentration (BAC) of 0.08% or higher. The prosecution does not need to prove that your normal faculties were impaired; they only need to show that your BAC was at or above the legal limit.
• Impairment of Normal Faculties: You can still be charged with BUI even if your BAC is below 0.08% if law enforcement believes your "normal faculties" are impaired. Normal faculties refer to the ability to see, hear, walk, talk, judge distances, and act in an emergency. We will challenge the officer's subjective opinion and the validity of any Field Sobriety Tests administered on the water.

It is also important to note that Florida has an "implied consent" law for BUI, just like with DUI. By operating a vessel, you are deemed to have consented to a breath, blood, or urine test if an officer has probable cause to believe you are under the influence. Refusing a test can lead to additional penalties, including a fine and the suspension of your vessel operating privileges.

We are fluent in the legal and procedural standards required in BUI cases and will leverage our knowledge to identify and exploit any weaknesses in the prosecution's evidence. Our bilingual services ensure that nothing is lost in translation as we build your defense.

Penalties and Collateral Consequences of a BUI Conviction in Florida

The penalties for a BUI conviction in Florida are harsh and escalate with each new offense. We will fight tirelessly to minimize the impact of a conviction on your life.

Direct Penalties:

First Offense:

• Fines ranging from $500 to $1,000.
• Up to six months in jail.
• Mandatory 50 hours of community service.
• Probation for up to one year.
• Impoundment of the vessel for 10 days.

Second Offense (within 5 years):

• Fines from $1,000 to $2,000.
• Mandatory jail time of at least 10 days, up to nine months.
• Impoundment of the vessel for 30 days.

Third Offense (within 10 years):

• Fines from $2,000 to $5,000.
• Mandatory jail time of at least 30 days, up to 12 months.
• Impoundment of the vessel for 90 days.
• This is a third-degree felony, which carries the possibility of up to 5 years in prison.

These penalties can be enhanced if your BAC was 0.15% or higher or if a minor was on board at the time of the offense. If a BUI results in a crash, the charges can be elevated to a felony, with a conviction for BUI manslaughter punishable by up to 15 years in prison.

Collateral Consequences:

Beyond the direct legal penalties, a BUI conviction can have a profound impact on your life, including:

• Criminal Record: A BUI conviction, especially a felony, will appear on your criminal record, affecting employment opportunities, housing, and background checks.
• Increased Insurance Rates: Your insurance premiums will likely skyrocket, and your policy could even be canceled.
• Impact on Professional Licenses: For those who hold a professional license, a BUI conviction could lead to suspension or revocation.
• Loss of Vessel Operating Privileges: Your right to operate a vessel can be suspended for an extended period.

The Florida BUI Defense Process

Navigating the BUI legal process in Florida is complicated. We will be by your side every step of the way, providing the legal expertise and support you need.

1. The Arrest: When you are pulled over, remember your right to remain silent and your right to an attorney. Do not answer questions or perform tests without consulting with us first.
2. Investigation and Discovery: We will immediately launch a thorough investigation into your case. This includes reviewing the arresting officer's report, examining any video footage, and scrutinizing the maintenance and calibration records of the breathalyzer device used.
3. Pre-Trial Motions: We will file motions to suppress evidence if we find that your rights were violated. This could include challenging the legality of the stop, the administration of field sobriety tests, or the integrity of chemical test results.
4. Plea Negotiations: If a plea bargain is the best option, we will negotiate with the prosecutor to get the charges reduced or dismissed.
5. Trial: If a favorable resolution cannot be reached, we are prepared to take your case to trial. We have extensive trial experience and will present a powerful defense on your behalf.
6. Sentencing: In the event of a conviction, we will advocate for the most lenient sentence possible, presenting mitigating factors to the court.

Our Comprehensive Approach to BUI Defense

At the Law Offices of Cavanaugh & Cavanaugh, P.A., our approach to BUI defense is aggressive and strategic. As your BUI lawyer in Naples, we will use every available tool to protect your rights.

• Challenging the Stop: We will investigate whether the law enforcement officer had probable cause or reasonable suspicion to stop your vessel.
• Questioning Field Sobriety Tests: The performance of Field Sobriety Tests on a moving boat is inherently unreliable. The motion of the water, wind, and waves can all affect a person's balance and coordination. We will argue that the tests are not a valid measure of impairment.
• Disputing Chemical Test Results: We will challenge the accuracy of breathalyzer and blood test results. This includes questioning whether the machine was properly calibrated, whether the officer was properly trained to use it, and whether the sample was handled correctly.
• Raising Medical Defenses: We can present evidence that a medical condition, such as acid reflux or a neurological disorder, caused an inaccurate BAC reading or symptoms that the officer mistook for intoxication.
• Expert Testimony: We will work with a team of experts, including toxicologists and forensic analysts, to build a strong defense.

Personalized Counsel & Clear Communication Every Step of the Way

Our core approach is rooted in service and communication. We know that each case is as unique as the person behind it, and a successful defense demands real understanding of your circumstances. From the first call to the final resolution, our BUI lawyers in Naples work with you directly, keeping you updated on every important development and answering your questions promptly. Our commitment to personalized attention ensures your legal strategy is tailored—not recycled or generic.

One thing that sets us apart is our dedication to keeping clients in the loop and fully informed. When you work with us, you'll always understand your next steps, your options, and the likely timeframes for each phase of your case.

When you hire us, here's what you can expect from start to finish:

• A prompt, targeted initial evaluation where we examine every aspect of your case, especially the validity of vessel stops, the methods used for field sobriety and chemical testing, and whether your rights were respected by officers in Collier County.
• Detailed explanation of possible penalties including fines, jail time, community service requirements, probation, alcohol or substance evaluations, and the potential impact on both boating and driving privileges.
• Representation at all legal proceedings from arraignment to trial, with detailed preparation relevant to local courts and prosecutors. Our familiarity with the court's patterns and preferences helps you understand risks and potential outcomes.
• Open, regular communication so you understand the timeline, the significance of each court hearing, and your legal choices at every phase.

Take the Next Step With a BUI Attorney in Naples

If you or a loved one is facing a BUI charge, reaching out for skilled legal representation is the most effective way to regain control and start working toward a positive resolution. Contact Law Offices of Cavanaugh & Cavanaugh, P.A. today for a confidential consultation with a trusted BUI lawyer in Naples. Our experienced team provides honest answers, a clear breakdown of your options, and steady communication from day one. 

Call (239) 309-2006 or reach out online now to get started.

Frequently Asked Questions

What Are the Penalties for a First-Time BUI in Florida?

BUI penalties can include fines, possible jail time up to six months, probation, and mandatory substance abuse education. The severity depends on your BAC, prior record, and any aggravating factors.

Will a BUI Affect My Ability to Drive a Car?

A BUI does not automatically suspend your Florida driver's license, but related circumstances—such as a refusal to submit to testing—might impact your driving privileges. Each situation is unique and worth a careful legal review.

Can I Refuse a Breath or Blood Test on the Water?

You can refuse, but refusal may lead to civil penalties and can be used as evidence in court. Florida BUI laws differ slightly from DUI laws when it comes to implied consent, so discussing your options promptly is important.

How Do Naples Courts Handle BUI Cases?

Naples courts follow Florida state law, but local prosecutorial procedures and tendencies can influence how cases proceed. Your defense should account for Collier County’s approach from the outset.

What Should I Do Immediately After a BUI Arrest?

Remain calm and avoid making statements about the incident. Document everything you can recall and contact an attorney as soon as possible to protect your rights and access prompt legal guidance.