A day on the water in Cocoa Beach should be about sunshine, friends, and the open breeze—not flashing blue lights and criminal charges. But if you’ve been accused of Boating Under the Influence (BUI) on the Indian River Lagoon, Banana River, or out on the Atlantic, the situation can turn into a legal nightmare fast.
In Florida, a BUI carries many of the same penalties as a DUI. That means possible jail time, steep fines, and a permanent criminal record. Local law enforcement and the Florida Fish and Wildlife Conservation Commission patrol Brevard County waters aggressively. If they believe you’re impaired, you can be arrested on the spot.
The Cocoa Beach BUI lawyers at DeGraff Hicks Law Group know how overwhelming a BUI arrest feels and what’s at stake. Our Cocoa Beach BUI attorneys are here to protect your future and fight for the best possible outcome. You can count on our legal team for aggressive and skilled representation throughout Brevard County.
Call us at (321) 44-SHARK for a free consultation today with one of our skilled Cocoa Beach criminal defense lawyers.
Why Choose Our Cocoa Beach BUI Lawyers
When you’re facing a BUI charge, you need more than just any criminal defense or DUI attorney. You need a team that understands both Florida DUI and boating laws and the unique challenges of defending clients on the water.
Here’s why people in Cocoa Beach and throughout Brevard County turn to DeGraff Hicks Law Group for BUI defense:
- Proven results in BUI and DUI cases – Our criminal defense legal team has successfully defended countless clients against charges involving alcohol, drugs, and boating accidents throughout Florida.
- In-depth knowledge of maritime law – We understand the laws and procedures that apply specifically to vessels in Florida.
- Local Brevard County experience – Our familiarity with the local courts helps us anticipate strategies and identify opportunities for defense.
- Aggressive, strategic defense – At DeGraff Hicks Law Group, we don’t just represent you, we go to battle for you. When your boating privileges, driver’s license, clean record, or freedom are on the line, we fight with relentless determination and unwavering resolve.
From the moment you call our Cocoa Beach BUI lawyers, our priority is protecting you on the water and in the courtroom.
Understanding BUI Charges in Florida
In Florida, a BUI is not a “minor” offense; it’s a criminal charge under Florida Statute § 327.35 that carries serious consequences.
You can be charged if you operate a boat while:
- Having a blood-alcohol concentration (BAC) of 0.08% or higher (0.02% for boaters under 21)
- Under the influence of alcohol or drugs to the point that your normal faculties are impaired
How BUI Charges Are Determined
When you are stopped for suspected Boating Under the Influence (BUI), Florida law enforcement officers with the Florida Fish and Wildlife Conservation Commission (FWC) or the Brevard County Sheriff’s Office Marine Unit can use the following to decide whether to make an arrest:
- Field sobriety exercises conducted on your vessel or onshore
- Breath, blood, or urine test results
- Officer observations such as slurred speech or unsteady balance
- Witness statements from passengers or nearby boaters
Because boating conditions like waves, sun, heat, and wind affect balance and behavior, these tests aren’t always reliable. That’s why you need to talk to a skilled Cocoa Beach BUI lawyer right away who knows how to dissect and challenge the evidence.
BUI Penalties in Cocoa Beach
A BUI in Florida can carry heavy penalties that affect your personal and professional life, even for a first offense.
You could be facing:
- Fines up to several thousand dollars
- Jail time from days to years depending on the case
- Mandatory substance abuse evaluation and treatment
- Suspension of boating privileges
- Driver’s license suspension
- Felony charges for accidents causing injury or death
A BUI conviction goes beyond the court. A criminal record follows you for life, affecting employment, housing, and travel. This is why it is of the utmost importance to contact a knowledgeable BUI lawyer near you to protect your rights.
Potential Defenses to BUI Charges
At DeGraff Hicks Law Group, we don’t take a one-size-fits-all approach. Our Cocoa Beach BUI lawyers dig into every detail of your case to find weaknesses in the prosecution’s evidence.
Common defense strategies we use include:
Challenging the Stop
Your BUI lawyer will assess whether law enforcement had a lawful basis to stop your vessel. Was the stop justified? If not, any evidence obtained is excluded from the court.
Questioning Test Results
Our criminal defense team will investigate how the breath or blood tests were conducted, including whether the equipment was properly maintained and calibrated. Faulty or inaccurate testing can render results inadmissible.
Officer Training and Procedures
BUI enforcement has specific maritime protocols. If the arresting officers failed to follow these procedures, our Cocoa Beach BUI lawyers can use that to challenge the prosecution’s case.
Alternative Explanations
Factors like sun exposure, dehydration, or seasickness can mimic signs of intoxication. When appropriate, we’ll consult medical and maritime experts to provide alternative explanations that support your defense.
Aggravating Factors That Increase Penalties
Certain factors can turn your typical BUI into a much more serious charge, increasing fines, jail time, and even making the charge a felony.
These factors for a BUI include:
- High BAC (0.15% or above) – This is a more serious offense under Florida law.
- Minor passengers onboard – Having anyone under 18 on the vessel can add charges and more severe penalties.
- Accidents with injury or death – These can be felony BUI or even manslaughter charges, which carry long prison terms.
- Prior DUI or BUI convictions – Repeat offenders face higher fines, longer license suspension, and more jail time.
What to Do After a BUI in Cocoa Beach
What you do immediately after your arrest matters:
- Stay calm and respectful – Don’t argue with officers.
- Avoid self-incrimination – You don’t have to explain or justify your actions without a lawyer present.
- Contact us right away – The sooner an experienced BUI lawyer gets involved, the better they can protect your rights.
- Gather evidence – If possible, get names and contact info for passengers or witnesses. Statements from passengers or other boaters may help your defense.
Arrested for boating under the influence in Cocoa Beach? Call the BUI lawyers at DeGraff Hicks Law Group, and we’ll take it from there. Our team will investigate, challenge the evidence, and fight for the best possible outcome.
Boating Under the Influence FAQs
Here are answers to some of the most common questions about boating under the influence charges in Cocoa Beach, Florida, and how they may affect your future.
1. How is BUI different from DUI?
The main difference between a BUI and a DUI is the vehicle. BUIs involve a vessel, while DUIs involve a car or truck. But the penalties are similar.
2. Will I lose my boating license?
A BUI conviction in Florida can result in suspension of your boating privileges, sometimes permanently for repeat offenses.
3. Can I refuse a breathalyzer test?
You can refuse to take a breathalyzer test, but doing so will result in separate penalties and loss of boating privileges.
4. Will a BUI show up on my record?
Unless dismissed or expunged, a BUI is a criminal conviction that will show up in background checks.
Call a Cocoa Beach BUI Lawyer Today: Protecting Your Rights on Florida’s Waters
If you’ve been arrested for Boating Under the Influence in Cocoa Beach, Palm Bay, Cocoa Beach, or anywhere in Brevard County, don’t wait to get legal help. The sooner you act, the better.
At DeGraff Hicks Law Group, we know the waterways, the laws, and the local court system. We’ll protect your future. We offer free consultations by phone, video, or in person.
Call (321) 44-SHARK now or complete our online form to speak with an experienced BUI lawyer near you.
