BUI Defense in Sarasota

Former-Prosecutor Insight for BUI Defense

A boating under the influence charge involves different laws, evidence, and investigative conditions than a motor vehicle DUI. Under Florida Statutes section 327.35, the State may pursue a charge based on alleged impairment by alcohol, chemical substances, controlled substances, or a combination of substances.

We represent people who have been stopped, cited, arrested, or contacted about BUI allegations in Sarasota. Our review may address vessel operation, the basis for the officer encounter, marine sobriety tasks, chemical testing, witness accounts, and available recordings.

Call (941) 900-3100 to discuss the charge with our criminal defense attorneys and identify records that may require prompt review.

A Defense Informed by the State’s Approach

James Fowler Jr. previously served as a prosecutor with the Office of the State Attorney in Sarasota and Manatee Counties. That background informs how we assess the State’s evidence, identify conclusions that depend on an officer’s interpretation, and examine potential factual or procedural issues.

James also completed Florida Traffic Safety Resource Prosecution Program training involving drugged-driver and refusal cases. Together with more than 30 years of collective criminal defense experience across our legal team, this training provides relevant perspective when a vessel case involves drug allegations, refusal evidence, or breath and blood alcohol testing.

Throughout the case, we explain what the available records show, what remains uncertain, and how new evidence may affect the defense strategy.

Evidence That May Shape a BUI Defense

Evidence collected on the water doesn’t always fit the assumptions used in a roadside investigation. Vessel movement, waves, wind, heat, fatigue, footwear, and an uneven testing surface may affect how an officer conducts and interprets sobriety tasks.

A defense review may examine:

• The Officer Encounter: The reason for the initial contact, whether it began as a safety inspection, and how it developed into a criminal investigation.
• Vessel Operation: Evidence identifying who was operating or controlling the vessel and what witnesses observed before law enforcement arrived.
• Sobriety Tasks: The instructions, testing conditions, recorded performance, and differences between the report and available video.
• Chemical Testing: The timing of the test, collection procedures, observation periods, instrument records, and reported results.
• Case Records: Citations, arrest reports, dispatch information, charging documents, witness accounts, and available audio or video.

We compare arrest reports, citations, and recordings with the underlying evidence. The appropriate strategy depends on the charge, prior record, alleged substance, test evidence, and whether an accident or injury is alleged.

What to Bring to Your Initial Consultation

Your first discussion with us can cover what happened before, during, and after the vessel stop. We can review known court information and explain which legal or factual issues may shape the next steps.

Gather any available materials before the consultation:

• Citations, arrest paperwork, release documents, and court notices
• Photos or recordings from the vessel or encounter
• Names and contact details for potential witnesses
• Breath, blood, or urine testing paperwork

Preserve the original files and avoid discussing the allegations publicly or on social media. Don’t ignore court dates listed on the charging paperwork while seeking legal advice.