DUI vs. BUI in Florida: What Drivers and Boaters Need to Know

Florida’s roads and waterways are both heavily traveled, especially in St. Petersburg and throughout the Tampa Bay area. With that activity comes strict enforcement of impaired driving and boating laws. Many people are surprised to learn that Florida treats driving under the influence and boating under the influence as separate offenses with different rules, procedures, and consequences.

At Morris Law Firm, our criminal defense lawyers defend drivers and boaters charged with DUI and BUI throughout St. Petersburg and the surrounding communities. Understanding DUI vs. BUI in Florida is important whether you are behind the wheel of a car or operating a vessel on the water. While the two offenses share similarities, they are governed by different statutes and enforced in very different ways. 

What Is a DUI in Florida?

A DUI in Florida occurs when a person drives or is in actual physical control of a motor vehicle while impaired by alcohol, drugs, or a combination of substances. Under Florida law, impairment can be established in two main ways.

First, a driver may be charged if their blood alcohol concentration is 0.08% or higher. Second, even with a lower BAC, a person can still face DUI charges if law enforcement believes their normal faculties were impaired.

DUI charges often arise from traffic stops for speeding, weaving, accidents, or other alleged violations. Florida law allows DUI charges to be based on alcohol, illegal drugs, prescription medications, or any substance that affects a person’s ability to drive safely.

What Is a BUI in Florida?

Boating under the influence applies when a person operates a vessel while impaired by alcohol or drugs. Florida defines a vessel broadly. It includes motorboats, jet skis, sailboats, and many other watercraft used on the state’s waterways.

Like DUI, a BUI can be charged if the operator has a BAC of 0.08% or higher, or if their normal faculties are impaired. The key difference is the setting. BUI laws apply on rivers, lakes, bays, and coastal waters rather than public roadways.

Because Florida has extensive coastlines and boating activity, BUI enforcement is common in areas like Tampa Bay, especially during weekends and holidays.

Stops, Investigations, and Testing for DUI & BUI in Florida

One of the biggest differences between DUI vs. BUI in Florida is how stops and investigations occur.

How DUI Traffic Stops Work on the Road

DUI investigations typically begin with a traffic stop. Police must have reasonable suspicion that a traffic violation or criminal activity occurred. This may include speeding, running a red light, or erratic driving.

Once stopped, officers look for signs of impairment such as slurred speech, bloodshot eyes, or the smell of alcohol. Drivers may be asked to perform roadside field sobriety tests and submit to breath testing. Florida law requires officers to follow strict procedures during DUI stops. Violations of these rules can lead to suppressed evidence or dismissed charges.

How BUI Stops Work on the Water

BUI stops are very different. Law enforcement officers and marine patrol units can stop vessels without the same level of suspicion required for traffic stops. Officers are allowed to conduct safety inspections, check registrations, and ensure compliance with boating regulations.

During these encounters, officers may begin a BUI investigation if they observe signs of impairment. Field sobriety exercises on the water are often less standardized and may take place on a dock or onboard the vessel. This broader authority to stop vessels makes BUI cases unique and often more challenging to defend.

Refusing DUI vs. BUI Testing and the Consequences

Florida’s implied consent law applies differently to DUI and BUI cases. Drivers who refuse breath, blood, or urine testing after a lawful DUI arrest face an automatic driver’s license suspension. A first refusal typically results in a one year suspension, with longer suspensions for subsequent refusals.

In BUI cases, refusing testing does not result in a driver’s license suspension. However, refusal can still be used as evidence against the operator in court and may influence how the case is prosecuted. Understanding these differences is critical before making decisions during an investigation.

Penalties: DUI vs. BUI Side by Side

Although DUI and BUI share similarities, the penalties are not identical.

Criminal Penalties for a First DUI in Florida

The penalties for a first time DUI conviction in Florida can result in jail time of up to six months, fines, probation, community service, and mandatory DUI school. If the BAC is 0.15% or higher or a minor was in the vehicle, penalties increase.

Administrative penalties include a driver’s license suspension, possible ignition interlock requirements, and increased insurance costs.

Criminal Penalties for a First BUI in Florida

A first BUI conviction carries penalties similar to DUI in terms of fines, probation, and potential jail time. However, there is no automatic driver’s license suspension for a BUI conviction.

Courts may still impose conditions such as substance abuse evaluations, boating safety courses, and restrictions on operating vessels.

Enhanced Penalties for Accidents, High BAC, and Priors

Both DUI and BUI penalties increase significantly if aggravating factors are present. These include high BAC levels, prior convictions, accidents causing property damage, serious bodily injury, or death.

Felony charges may apply in serious cases, leading to prison exposure and long term consequences that extend far beyond the courtroom.

Defending DUI and BUI Charges in St. Petersburg

Strong defense strategies depend on understanding the unique aspects of each type of case.

Common Defenses in DUI Cases

DUI defenses often focus on the legality of the traffic stop, the accuracy of breath or blood testing, and whether field sobriety exercises were administered properly. Medical conditions, improper calibration of testing devices, and violations of constitutional rights can all weaken the prosecution’s case.

Challenging the officer’s observations and procedures is often key to achieving reduced charges or dismissal.

Common Defenses in BUI Cases

BUI defenses frequently involve questioning the legality of the vessel stop, the reliability of impairment observations on the water, and the conditions under which testing occurred.

Environmental factors such as weather, waves, and vessel movement can affect balance and coordination, making field sobriety observations less reliable. These factors must be carefully examined when building a defense.

Why Choosing an Experienced St. Petersburg DUI and BUI Lawyer Matters

DUI and BUI in Florida are serious offenses, but they are not the same. Each involves separate laws, enforcement practices, and potential penalties. Attempting to navigate either charge without experienced legal guidance can put your freedom, finances, and future at risk.

At Morris Law Firm, we represent clients charged with DUI and BUI throughout St. Petersburg and the Tampa Bay area. We provide comprehensive legal defense based on a deep understanding of local law enforcement practices and prosecutorial strategies.

We approach every case carefully, reviewing every detail to protect your rights and pursue the best possible outcome:

If you or a loved one is facing DUI or BUI charges, do not wait to get help. Contact us today at (727) 388-4736 to discuss your case and learn how we can defend you against serious criminal charges throughout St. Petersburg and the Tampa Bay area.

How Do You Drop a Domestic Violence Charge in Florida?

If you are the victim of a Domestic Violence crime in Florida, can you drop the charges?

While the voice of the victim of a crime matters and is influential, it is the State Attorney’s (the prosecutor) determination on whether or not a criminal charge will ultimately be filed or if charges will be dropped.

So what can a victim do to drop domestic battery charges in Florida?

Domestic violence charges include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.  Most often individuals are arrested for Domestic Battery.

Victims have legal rights in the State of Florida as established by Marsy’s Law which is a victim’s rights law.  Specifically, those victims rights are found in Article I (Declaration of Rights) Section 16 (Rights of accused and of victims) of the Florida Constitution and include:

Thus, even though the State Attorney has the final word, they must take into consideration the wishes of the victim in the case.

A victim can do the following to influence the State Attorney’s decision on whether or not to file a formal criminal charge (called filing an Information or a No Information):

The victim can make their wishes known in writing:

This can be accomplished by the victim filing a Request Not To Prosecute.  This form can be found at the Clerk of the Court’s office and may be filed in any domestic related criminal case.  The document states that the victim 1) Does not want the Defendant prosecuted; 2) Is not in fear of the Defendant; and 3) Desires contact with the Defendant.

The victim can speak with the State Attorney (prosecutor) and indicate that they do not want the Defendant prosecuted:

In most misdemeanor cases the State Attorney (prosecutor) will call the victim and ask them what happened and what they want to see happen with the case.  In felony cases the victim will be asked to come in person to an interview conducted by the prosecutor.  Here again, the prosector will ask the victim what happened and what outcome they desire in the matter.  Oftentimes a victim who states that nothing like the incident in question has ever happened before and that they do not desire prosecution may influence the prosecutor’s decision and the charges may be dropped.

The victim can hire an attorney to act as a Victim Advocate:

The State Attorney does not represent the victim per se.  The State Attorney represents the interests of the State of Florida.  The case is not The Victim vs. The Defendant - it is The State of Florida vs. The Defendant.  While the State Attorney takes into consideration the victim’s wishes, the prosecutor is not the victim’s attorney.  A victim in a criminal case has a right to hire their own attorney to represent and protect their interests.  Criminal defense attorneys are excellent choices for Victim Advocates in criminal cases as we understand exactly what happens in a criminal case.

Hire a criminal defense attorney to represent the Defendant:

If you are the victim and don’t want to prosecute, you should ensure that the Defendant has a criminal defense attorney.  The criminal defense attorney can interview you (the victim) and ensure that your point of view is properly relayed to the State Attorney.  Critical information you may have as the victim can also be used in defense of the Defendant.  An attorney can also assist with having contact granted between the Defendant and Alleged Victim by requesting a hearing to have the No Contact Order removed.

There are many factors that the State Attorney may take into account when determining whether or not they will drop charges in a domestic violence related case, these include:

Your best opportunity for success is to have an attorney advocating for you as early as possible.  With early intervention there is oftentimes an opportunity to have the charges dropped.

Speak to an experienced Domestic Violence Defense Attorney:

If you are the alleged victim and want to drop criminal charges in Florida, or if you have been arrested for Domestic Battery or any type of domestic violence related charge or if you are a victim and need a Victim Advocate, or if you have had an Injunction For Protection Against Domestic Violence filed against you (or if you are the Petitioner), call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation.  The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.

Arrested During A Protest - For What?!

Protests have sparked at universities across the country over Israel’s war with Hamas in the Gaza strip.  These Pro-Palestinian protests have included university students and those not directly attached to the universities. The nature of the protests are different from university to university, but generally focus on demands that universities sever their ties with companies that support Israel.

Now university students and other individuals involved in the protests are being arrested across the country and in Florida including at University of South Florida in Tampa, Hillsborough County, but for what?

If you thought that the First Amendment protects any type of protest, you would be only partially correct. The First Amendment protects freedom of speech, assembly, and the right to petition the Government for a redress of grievances and other rights. While free speech is protected at public university campuses, it is not similarly protected at private universities where such private institutions are not bound by the First Amendment. Further, while the First Amendment protects free speech, it does not protect threats, inciting violence, discriminatory harassment, trespass, or other violations of the law even while an individual is exercising their right to freedom of speech.

Students and individuals in Florida and specifically in the Tampa Bay area have been arrested for failure to comply with university rules where police have been called in to enforce those rules. In some cases universities have ordered the protesters to disperse which has been met with passive and physical resistance leading to numerous criminal charges including but not limited to the following offenses:

Trespass After Warning can be charged when law enforcement has issued a warning to leave the premises and the individual refuses to leave. Resisting Arrest Without Violence (Obstruction) can include when an individual opposes an arrest by law enforcement by even the slightest incidence of bracing, pulling away, tensing up, or generally not cooperating during the arrest. Resisting Arrest With Violence and Battery On A Law Enforcement Officer can occur when an individual counters an arrest by touching a law enforcement officer against his or her will that can include pushing, striking, punching and even spitting on the officer. Criminal Mischief can be charged when an individual purposefully and maliciously damages the real or personal property of another. Disorderly Conduct can be charged when an individual negatively affects the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace.

There are a number of defenses for those arrested at a protest. These defenses can include mistaken identity as police oftentimes make indiscriminate arrests in the heat of the moment. As well, lack of probable cause for an arrest may be argued if the facts and circumstances of the arrest do not add up to a reasonable person’s belief that a law has in fact been violated. Arguing selective prosecution may also be a negotiation tactic used with the State Attorney’s Office to resolve a criminal charge. As well, a lack of criminal intent (mens rea from Latin -"guilty mind") may be argued in addition to the lack of a prior criminal history.

This is not the first time protesters have been arrested in recent times. During the Black Lives Matter (BLM) movement, Corona Virus (COVID-19) protests, and abortion protests demonstrators were arrested.  This trend will continue as new social movements and political protests come to the fore front. If you or your university student have been arrested for a criminal offense of any type, call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation. The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.

Can Marijuana Smell Alone Can Lead To A DUI?

Can marijuana smell alone lead to a DUI?  In our opinion, yes it can, and here is why:

We have written extensively on the 2019 changes in the law that made Cannabidiol (CBD) legal in Florida and resulting confusion as to whether or not law enforcement could utilize the smell of marijuana alone as a legal basis to conduct a search or conduct a criminal investigation. See Marijuana Enforcement in Florida - A Haze of Confusion and Marijuana Smell Alone Is Back! Marijuana Enforcement In Florida - A Haze Of Confusion - Part 2

The Second District Court of Appeals (which is the controlling Appeals Court for the Tampa Bay region) has ruled that, “an officer smelling the odor of marijuana has probable cause to believe that the odor indicates the illegal use of marijuana” and thus law enforcement has probable cause for a warrantless search - including probable cause for a warrantless search of a vehicle.

While the “smell alone” ruling poses significant issues for citizens, there are even more consequences to the “smell alone” doctrine when it comes to Driving Under the Influence (DUI).

When a law enforcement officer makes a civil traffic stop they are always looking for any indications that the driver is impaired. The standard for an officer to switch the investigation from a civil traffic stop to a criminal investigation for DUI is “reasonable suspicion.” Reasonable suspicion is defined as the standard where a reasonable and objective person would suspect an individual of committing or intending to commit a crime. Once a law enforcement officer has reasonable suspicion that the driver may have his or her normal faculties impaired while operating a motor vehicle they can launch into a full criminal DUI investigation including Field Sobriety Tests.

Officers often will cite that the driver had bloodshot, watery eyes; an odor of alcohol on his or her breath; was slurring their speech, or was unsteady on their feet as a reasonable suspicion basis to conduct a criminal DUI investigation. With the “smell alone” doctrine alive and well in the Tampa Bay Area via the Second District Court of Appeals ruling, we can now add the odor of marijuana as yet another basis for law enforcement to conduct a criminal DUI investigation.

Additionally, the plain smell of marijuana further opens the door to allow law enforcement to conduct a warrantless search of the vehicle which may lead to additional criminal charges if the driver were for example to be in possession of marijuana or any other controlled substance or have any other illegal item in the vehicle.

Thus, the smell alone of marijuana, with other factors, could lead to a criminal DUI investigation when a person is pulled over and could be used as a basis to establish that the person was operating the vehicle with their normal faculties impaired.

If you have been arrested for Driving Under the Influence (DUI), Possession of Marijuana, or any other criminal offense in the Tampa Bay area including St. Petersburg, Tampa, Clearwater, or Largo call the Morris Law Firm for a strategy session on your case.  Call 727-388-4736, Option #1 for New Clients.

Seth Shapiro Awarded Avvo Clients' Choice for 2024

ST. PETERSBURG, FLORIDA - 

Seth Shapiro, Attorney at Law, Owner at the Morris Law Firm has been awarded the Avvo Clients’ Choice Award for 2024.  See Seth Shapiro’s Avvo Profile here.

The Avvo Clients’ Choice Award is presented each year to attorneys based on their positive relationships with their clients. Recipients of the Clients’ Choice Award are primarily evaluated on the strength of the attorney’s relationships with clients, and the number of positive attorney ratings left on Avvo by clients.  As the name implies, this award means that the recipients really are the “Clients’ Choice.”

Seth Shapiro has been given the Avvo Clients’ Choice Award in 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, and 2024.

Avvo is an online legal service marketplace that offers legal advice and provides ratings of legal professionals.  Approximately 97% of U.S. lawyers are rated by Avvo that allows prospective clients to research attorneys based on their reviews and ratings.

Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your criminal case. Seth Shapiro represents clients who have been arrested or charged with a crime throughout the Tampa Bay Area, including Pinellas and Hillsborough counties.

Using AI Can Get You And Your Kids Arrested

AI or Artificial Intelligence is a broad set of technologies that allow computers to do things that traditionally required human smarts and human effort.

AI is everywhere from smart assistants like Siri or Alexa, to recommendations you see online about movies or products you may like, as well as GPS navigation to get you from point A to point B in the most efficient way.

AI tools such as ChatGPT, Google Gemini, and Microsoft’s Bing Chat are examples of generative AI where via chat prompts from the user they can generate written documents, poems, computer code, scripts, musical pieces, emails, and letters as well as answering questions in an informative way.

These same AI tools in addition to image specific tools such as Google’s Imagen, OpenAI’s DALL-E 2, and Midjourney can generate images, photographs and even videos based on a user’s text prompt.  In fact, the image for this article was generated by Google Gemini.

Herein lies the problem: These same AI image, photographic, and video generative tools can land you and your kids in jail.  How can this be possible?  Read on:

In what is thought to be the first criminal case of its kind, two teenage boys from Miami, Florida were arrested for creating and sharing nude images of their classmates (both male and female) that were generated using AI.  The teens were arrested under Florida Statue §836.13 - Promotion of an altered sexual depiction - which is a third-degree felony offense punishable by up to five (5) years in state prison.  Specifically, the law passed in 2022 states that, “A person who willfully and maliciously promotes any altered sexual depiction of an identifiable person, without the consent of the identifiable person, and who knows or reasonably should have known that such visual depiction was an altered sexual depiction, commits a felony of the third degree.”

Wired magazine reported that the boys created the images and shared them after which school officials were alerted.  The boys were then suspended from school and later charged with the felony offense.  It should be noted that in such cases the defendant could be charged with a separate felony count for each of the shared images, thus if there were for example 5 images created and shared without consent, the individual could be charged with 5 separate third-degree felony offenses each punishable by up to five (5) years in state prison.

Middle school and high school aged children are already familiar with AI tools.  Some schools and teachers even encourage responsible use of AI.  Thus, it is not hard to imagine that kids may experiment with AI and could create images that could end up being criminal and subject them to a Juvenile criminal arrest and a Juvenile criminal record.

Adults are also at risk of criminal charges stemming from illegal use of generative Artificial Intelligence (AI) tools.  From a simple practical joke to malicious AI generated revenge porn, if there is a lack of consent from the person in the images and those images are shared a felony offense or offenses may be charged.

The types of images described above are also known as Deepfake nudes - photos or videos created with AI that are generated of a person or oftentimes a celebrity naked or having sex.  These images are sometimes generated online with AI tools and then shared on social media platforms including Facebook, X (formerly Twitter), Reddit, TikTok, and online pornography websites.  Celebrities such as Taylor Swift and Sydney Sweeney have become victims of deepfake nude photos and videos.  Celebrities like Taylor Swift have also begun to sue platforms hosting the images exposing creators of these images not only to criminal charges but also to civil penalties.

AI has also been used to generate explicit images and videos of child victims.  Known as Child Sexual Abuse Material (CSAM) whether it is authentic or created with AI it is still a crime under Florida law. 

It should be noted that Florida Statue §836.13 - Promotion of an altered sexual depiction stands separately and apart from Florida Statute §784.049 - Sexual cyberharassment - otherwise known as the “Revenge Porn Statute.”  Florida’s Revenge Porn Statute makes it a criminal offense to “publish to an Internet website or disseminate through electronic means to another person a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person without the depicted person’s consent, contrary to the depicted person’s reasonable expectation that the image would remain private, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.”  Interestingly violation of the Revenge Porn Statute is a misdemeanor offense while a violation of the AI Porn Statute is a felony offense - thus under current Florida law it is a higher level offense to make and publish a generated image than it is to publish a real image.

If you or your child (Juvenile) have been arrested for a criminal offense of any type, call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation.  The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.