BUI Refusal Penalties
A conviction for Boating Under the Influence (“BUI”) comes with the potential for stiff punishments including jail time, fines, boat impoundment or forfeiture, and community service requirements.
If you were accused of refusing the breath, blood or urine test after a BUI arrest, then you will be ordered to pay the $500 civil penalty. Talk with an attorney about why you should always contest the penalty within 30 days of the BUI arrest by filing a motion with the county court judge.
If the judge finds that probable cause was lacking, the penalty can be set aside. We’ve even had cases in which the prosecutor ask the judge to drop the civil penalty in a case that was reduced to “careless boating” as part of the plea negotiation.
Even if the court has the hearing, it can give the attorney valuable information that can be used to fight the criminal case in court.
Attorney for BUI Refusal Penalties in Tampa, FL
If you have been arrested for “Boating Under the Influence (BUI)” of alcohol or drugs, then contact an attorney at the Sammis Law Firm. When you call, you can discuss the facts of your BUI case with an attorney. Learn more about the best ways to defend yourself against this serious criminal offense.
Read more in this article discussing the BUI penalties, consequences, and sanctions. Call us to find out more about the civil penalties under Florida Statute Section 327.35215.
Contact an aggressive and experienced attorney for BUI cases in and around Tampa, FL, to schedule your free, confidential consultation today.
Call 813-250-0500 today.
BUI Refusal – Florida Statute Section 327.35215
Under Florida Statute Section 327.35215, the failure to submit to a lawfully requested breath, urine or blood test during a BUI investigation in an alleged violation of Section 327.35 can result in a civil penalty of $500.
The officer will file with the clerk of the court, on a form provided by the department, a certified statement that probable cause existed to arrest the person for a violation of s. 327.35 and that the person refused to submit to a test as required by s. 327.352.
Along with the statement, the officer must also submit a sworn statement on a form provided by the department that the person has been advised of both the penalties for failure to submit to the blood, breath, or urine test and the procedure for requesting a hearing.
In these cases, the defendant should request a hearing with the county court judge within 30 days after the arrest. The request for a hearing tolls the period for payment of the civil penalty, and, if the assessment of the civil penalty is sustained by the hearing and any subsequent judicial review, the civil penalty must be paid within 30 days after final disposition.
The clerk of the court will notify the department of the final disposition of all actions filed under this section.
If the person has not paid the civil penalty, then the person may not operate a vessel upon the waters of the state of Florida. If the person operates a boat thereafter, then a violation of this subsection is a misdemeanor of the first degree, punishable by up to 12 months in jail and a $500 fine.
Report of Disposition of the BUI Civil Penalty Disposition
In any BUI case involving an administrative suspension of the boat operating privilege, the clerk is required to complete a form known as the “ABSTRACT OF COURT RECORD AND REPORT OF DISPOSITION” (FWCDLE 108F 06/07).
The court must complete the form within 10 days after final adjudication and send the form to the FWC Law Enforcement Records Section, 620 S. Meridian Street, Tallahassee, FL 32399-1600.
The form provides:
- Action by the clerk of court if no hearing is request – If no hearing is requested, then after 30 days the court will sustain the civil penalty and the defendant’s vessel operating privilege will be suspended by operation of law pending payment of the $500 civil penalty.
- If a hearing is requested, then the court must determine whether the $500 civil penalty is sustained or dismissed.
- The Court Information must be listed on the form including the County, City and Presiding Judge.
The form also provides a section for boat operation privilege action which requires the court to determine which action applies:
- suspended pending payment of the $500 civil penalty;
- reinstated upon payment in full of $500 civil penalty; or
- no affected – civil penalty dismissed.
This article was last updated on Thursday, April 9, 2020.