Florida is a boater’s paradise. With the open ocean, intercoastal waterways, and sprawling lakes, Florida accommodates all types of boating enthusiasts. But just because a person is behind the wheel of a boat doesn’t mean they are not subject to similar alcohol-related criminal offenses should they be found drinking or under the influence. What Is a BUI? Under Florida statute 327.35, it is a criminal offense to boat under the influence of drugs or alcohol. If you have a blood/breath alcohol level of .08 or higher or if you’re boating to the extent that your normal faculties are impaired, you can be found guilty of BUI. Additionally, if you are under the influence of controlled substances (such as drugs), you can also be found guilty of BUI. Similar to DUI The BUI statute is similar to the DUI statute 316.193 as to what the state has to prove. Both offenses are misdemeanors for a first offense, unless someone is injured in the offense. Both have increased penalties for subsequent convictions. A BUI requires attendance at a substance-abuse course. The court will also impound the vessel for 10 days, similar to the DUI statute, which requires a 10-day immobilization. Penalties for Refusing Under Florida statute 327.35215, a person who is lawfully arrested for BUI and refuses to submit to a blood, breath, or urine test is subject to a civil penalty of $500 for the first offense. Like a DUI, this refusal can be used against you in court. Unlike a DUI, this first refusal will not end in the suspension of your driver’s license. If the defendant has refused to take a test, you can petition within 30 days to have a hearing to determine whether it was a lawful refusal or not. Do You Know the Difference Between a DUI and BUI? FROM THE LAW BLOG
KnowYour Rights While DUI and BUI may be similar, it is much easier for law enforcement to have contact with someone on a boat through the Coast Guard. Plus, law enforcement officers have a right to do equipment checks at just about any time. This means law enforcement officers may have an opportunity to view and inspect the driver and their condition without reasonable suspicion. Be careful out on the water, and do not put yourself, your guests, or other boaters in harm’s way This article comes direct from the blog at Matthewkoneckypa.com/law-blog. Be sure to visit the blog for more insight from Matthew!
MEME CORNER
GREEN BEANS WITH GINGER AND GARLIC Cooking With Ashley
Turkey is, for the most part, a healthy and lean protein. Thanksgiving sides, on the other hand, tend to be a little more indulgent. This year, eschew the classic, creamy green bean casserole in favor of this lighter, healthier, and altogether tastier option.
Ingredients
• • •
2 lbs whole green beans, ends trimmed
• • •
1/2 tsp ground ginger 1 tsp crushed red pepper
6 tbsp extra-virgin olive oil 2 garlic cloves, thinly sliced
Kosher salt, to taste
Directions
1. Bring a large pot of salted water to a boil. To the side of the stove, prepare a large bucket of ice water. 2. Cook beans in boiling water for 4 minutes. Immediately transfer to ice water. Drain and pat dry. 3. In a large skillet, heat oil over medium-high heat. Add garlic and cook until fragrant, 30 seconds. Stir in ground ginger and crushed pepper. Add green beans. 4. Cook together for 2–3 minutes. 5. Transfer to plate and serve.
3
www.matthewkoneckypa.com
Made with FlippingBook Annual report